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HomeMy WebLinkAboutFox Ridge 28 Lots Gainesboro District - Backfile (2)SUBDIVISION CHECKLIST The application is not complete if the following are not present: Submission Package 1. Two sets of comment sheets from the following agencies along with any marked copies of the plan; ✓ VDOT V City of Winchester ✓ Co. San. Auth. '✓/ Co. Hlth. Dept. nspections Dept. ✓ arks & Rec. Fire Marshall Local Fire Company �✓ E-431NSS(t- 2. 2 copies of the subdivision application ✓ 3. 15 copies of the plan on a single sheet 4. 1 reproducible copy of the plan (if required) 5. a 35mm. slide of the plan *_ One copy of the application and comment sheets, three copies of the plan and the marked plans from the review agencies should be enclosed in a package which will be forwarded to the County Engineer. TRACKING DATE I D d Application Received Subdivision Information forwarded to Consulting Engineer Review/Invoice received from Engineer 1000� past ��� @ Q9'° Fee Paid (amount $ of %��il�b ) q00 rj�t.i io At..s �S oG gdd�lorwl l`6 AGCoS @ `E�Joa V/0 q°1 Subdivision heard by Planning Commission Final plat submitted with review agency signatures and; deed of dedication bond estimate Final plat information forwarded to Engineer /Fr Review received from Engineer Final Fee paid RECEIPT AMOUNT DUE $ AMOUNT PAID $ 7 BALANCE DUE.' PAID BY CASK �CHECK OTHER FREDERICK - --.:.1°E T - 71-A."4NING AND DEVELOPMENT P. O. BOX 601 o i 'QUARE WINCHESTER, VIRUINIA 22601 RECEIVED FROM ADDRESS Z ou THE SUM 0 DOLLARS -7v: --ry--I-le-fl��,, BY 1 DAY -TIMERS RE-ORD2R No. 3221 — Printed in USA Page 1 of 1 N °t Commonwealth of Virginia State Corporation Commssion 'Virg; CISMO190 CORPORATE ACTIVITY SUMMARY 12/08/10 13:19:16 CORP ID: 04363331- 9 ACTIVITY TYPE: 19999� CORP NAME: FOXRIDGE AT FREDERICK HOMEOWNERS ASSOCIATION, INC. S L TYPE DESC STATUS COP COPYWORK 3 ACCEPTED COP COPYWORK 3 ACCEPTED RAF STATEMENT OF REGIS 3 ACCEPTED ASMT ASSESSMENT PAYMENT 3 ACCEPTED AR ANNUAL REPORT 3 ACCEPTED ASMT ASSESSMENT PAYMENT 3 ACCEPTED EFF DATE SCC FEE DCN 10/25/10 CO-00-85-1412 10/25/10 CO-00-85-1412 10/05/10 99-99-99-9999 10/04/10 -25.00 01-00-40-6088 11/18/09 99-99-99-9999 11/18/09 25.00 91-11-80-1114 (Screen 1d:/Corp_Activity_Su n2ary) https://cisiweb.scc.virginia.gov/instant.aspx 12/8/2010 ��}� ����C�- �,��J�,%.t/D� f �� Page 1 of 1 Commonwealth monwealth of Virginia State Corporation Commission v 12/08/10 CISM1001 OFFICERS/DIRECTORS AND PRINCIPAL OFFICE 13:17:00 CORPORATE ID: 0436333 R CURRENT AR# 209-87-0965 DATE 11/18/09 CORP NAME: JFOXRIDGE AT FREDERICK HOMEOWNERS ASSOCIATION, INC. I S C E A L T B 0 D D STREET: 101 RIDGE COURT CITY: WINCHESTER STATE: VA OFFICERS/DIRECTORS DISPLAY FOR AR# NAME EARL SUTHERLAND JOHN KAY SANDRA DILLON DONALD O'WADE ZIP: 22603 DIR REQUIRED: Y 209-87-0965 TITLE VICE PRESIDENT TREASURER DIRECTOR DIRECTOR (Screen 1d:/C'orp_0fficer—D i rector 110—Inquiry) SIGN 0 https://cisiweb.scc.virginia.gov/instant.aspx 12/8/2010 777.. -- BK83 I PG 1636 THIS AMENDED DEED OF DHDICNTION, made and dated this ML day of 1994, by DONALD A. RUSSO and LINDA H. RUSSO, hereinafter called the Declarants. WHEREAS, the Declarants caused to be recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 759 at page 356, a certain Deed of Dedication dated March 29, 1991 concerning FOXRIDGH subdivision; and, WHBRBAS, said instrument establishes an organization to be known as "Foxridge Homeowners Association" and a corporation of the same name; and, WHEREAS, the State Corporation Commission of Virginia has informed the Declarants that said name is unavailable, and the Declarants wish to incorporate under the name, "Foxridge at Frederick Homeowners Association, Inc.". NOW, THEREFORE, THIS ANHNDAEh"I: There is hereby substituted the name "Foxridge at Frederick Homeowners Association, Inc." at every place in said deed of dedication that the naAe "Foxridge Homeowners Association, Inc." or some variant aapears. YTTNHSS the following signatures and seals: W OX831 PG 1637 A • (SEAL) BOONALD A. RUSSO I,s 4 14 • ( SEAL 1 36INDA K. RUSSO STATE OF VIRGINIA CITY OF WINCHSSTER The foregoin a ent was acknowledged before me this dap of n Iff4 by Donald A. Russo and Linda H. Russo. NOTA Y LIC My Commission expires: C246: t° �'• �997 4russo2.j94 VIRGINIA: FREOERM COUNTY, SCT. This_}trpVument o1 wrlUnp was produced to me on the and w".. cartlficato of a:%noWlodpmort tnoreto srnexod Wes admixed to :acord. Tax imposad by Ste. 68.1-802 of n A . end 50.1.061 lure been paid, M assessable. Clock BK83 I Fu 1638 THIS DEED OF GIFT, made and dated this 5th day of November, 1994, by and between DONALD A. RUSSO and LINDA H. RUSSO, and WINDSONG HOMES OF VIRGINIA, INC., a Virginia corporation, Grantors; and FOXRIDGS AT FREDERICK HOMEOWNERS ASSOCIATION, INC., a Virginia corporation, Grantee. WITNESSETH: The Grantors do hereby grant, give and convey unto the Grantee, for use by its members for parking, recreation, and other related activities, and with General Warranty and English covenants of title, all those certain parcels of land designated and defined as "Common Areas" in Article I, Section 2 of the Deed of Dedication of FOXRIDGE, dated March 29, 1991, and as shown on that certain plat of survey drawn by Douglas C. Legge, C. L.S., dated January 15, 2991 entitled "Final Plat, FOXRIDGE", which is of record with said Deed of Dedication in the Clerk's Office of the Circuit Court of Frederick County, Virginia In Deed Book 759 at page 356 at seq.; and being a portion of the property conveyed to Donald A. Russo and Linda H. Russo by deeds of record in said clerk's office in Deed Book 754 at page 1121 and Deed -Book 754 at page 1126. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained for a more particular description of the property hereby conveyed. WITNESS the following signatures and seals: BK83 I PG 1639 k4U A • RWrsfi` ( SEAL ) DONALD A. RUSSO (SEAL) LINDA H. RUSSO (SEAL) WINDSONG HOMES OF VI R , INC. by Michael N. Bo resident STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged bafore me this day of October, 1994 by Donald A. Russo; by Linda H. Russo; and by Michael N. Boltz, who is President of Windsong Homes of Virginia, Inc., a Virginia corporation, on behalf of the corporation. My commission expires: &� c�, i9 S7 ifoxridg:j94 VIRGINIA: FRED-CRICK COUNTY, OCT. ThiVatrument at writing was produced to me on the .1== day c! �L .951. st a 3d P'n and with COMHoalo o! acknowledgment thereto esnexed was admMad to raeord. Tax Imposed by sm as.t-902 of -., and se.t•aot have been paid, It aaasesable. Clark SCIILLV. TNROCRNORTON Z. ATTORNSVSAT LAN 109 UTHKENTSINSET NINCNESTER,VIROINIA 2=1 i B#; 59 GO356 AO An 1�1 THIS DEED OF DEDICATION, made and dated this 29 day Hof MAPC: N , 1991, by and between DONALD A. RUSSO and LINDA H. ! RUSSO, parties of the first part, hereinafter called the DECLARANT, whether one or more, and COUNTY OF FREDERICK,VIRGINIA, I� party of the second part, and BENJAMIN M. BUTLER, Trustee, party ,I iof the third part, and FIRST AMERICAN BANK OF VIRGINIA, I Beneficiary, party of the fourth part, and RUSSON, a Virginia liPartnership, party of the fifth part, hereinafter called ADDITIONAL DECLARANT. ' WHEREAS, the DECLARANT is the owner in fee simple of j I the real estate shown on the attached plat drawn by Douglas C. j Legge, C.L.S., dated January 15, 1991, known as Foxridge, which property is fu_ther described on the Final Master Development I Plan of Foxridge as Ned in the Office of the Frederick County I Dcpar:ment of Planning and Development. This is a portion of the real estate conveyed to the DECLARANT by two (2) deeds, the first dated December 21, 1990, from Earl S. Bailey, Jr., et ux of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 754, at Page 1121, and the second dated December 19, 1990, from Michael D. Carpenter, et ux, of record in the aforesaid Clerk's Office in Deed Book 754, at Page 1126; and, WHERE.nS, the property is subject to a Deed of Trust, dated December 21, 1990, of record in the aforesaid Clerk's Office in Deed Book 754, at Page 1133, 'to secure first American Bank of Virginia, a certain indebtedness described therein; and, WHEREAS, said real estate, as shown on the aforesaid attached plat, has been subdivided into lots for the construction of townhouses thereon, and the attached plat shows 1 accurately the metes and bounds of the subdivided land, together 1 BK759r'c0357 ij with the dimensions of each lot thereof and also shows certain I I surrounding lands in said Subdivision to be used as common open II space, parking areas, drainage easement; huffer protection �I j� easement, water and sewer easement, and utility easement and public access easement to said lots, all of which shall constitute a portion of that development known as Foxridge and �i which comozz open space and parki g .yeas shall be owned and m �jj maintained by the Foxridge Homeowners Association upon the terms II and conditions set forth hereinafter; and, I WHEREAS, the DECLARANT now desires to subdivide the i i same into lots to be known as Foxridge. The subdivision of said ireal estate, as it now appears on the aforesaid attached plat, is with the free consent and in accordance with the desires of the undersigned DECLARANT, Trustee and Beneficiary, and the I i parties hereto further desire to subdivide the aforesaid real estate in accordance with the provisions of "The Virgini_i Land j Subdivision Act" as are applicable and in force and effect as of jl the date of execution of this Jaed of Dedication; and, ,j Ij WHEREAS, The ADDITIONAL DECLARANT, Russon, a Virginia i Partnership is the owner of a tract or parcel of land containing 5.42 acres, and described as Parcel A in that certain deed of conveyance from KENRAY, a Virginia Partnership, dated April 8, I !I 1988 to Russon and of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 677, at� �I Page 263; and, WHEREAS, by a previous agreement Russon agreed to dedicate a portion of the 5.42 acre parcel. as an entrance way for the proposed Foxridge Land for public access for ingress and j� egress. S xV, j 2 THRCCKb10.'ITS>•� j • II oj ATTORNVVAlY>t AT LAW "MTHHlN►!TRUIT j WINCHMEN, VIRGINIA j z=1 I i j I i� sK759i�0358 ' II NOW, THEREFORE, THIS DEED OF DEDICATION WITNF.SSETH: ! jiThat for and in consideration of the premises and the benefits ;Iwhich will accrue by reason of this Dedication, the DECLARANT does hereby subdivide, grant and dedicate in fee simple all of ;that certain tract or parcel of land designated as Foxridge {flying and being situate in Gainesboro Magisterial District, I I { Frederick County, Virginia, and being more particularly j described by the aforesaid plat of Douglas C. Legge, C.L.S., dated January 15, 1991, attached hereto and made a part hereof 1 �Iand by this reference incorporated herein as if set out in full, Iand which plat is drawn in conformity with the final master ldevelopment plan for Foxridge on file in the office of the ilFrederick County Department of Planning and Development. This is the same real estate conveyed to Donald A. Russo and Linda H. { Russo, said deeds of record in the aforesaid Clerk's Office in i i!Deed Book 754, at Page 1121, and `eed Book 754, at Page 1126. i i! For and in consideration of the premises and the benefits ! 1I 1which will accrue by reason of this dedication the ADDITIONAL• I: I DECLARANT does hereby grant and dedicate in fee simple all that certain tract or parcel of land that is depicted by dashed lines ,Ion that certain plat and survey of Douglas C. Legge, C.L.S., dated December 27, 1990 and attached to that certain Right of Way IlAgreement and Agreement to Dedicate dated January 16, 1991 and i irecorded in aforementioned Clerk's Office in Deed Book 757, at Page 1762 by this reference made a part hereof as if set out in I full. Said dedication of lard is for the purpose of an entrance i II%or Foxridge Lane on Fox Drive also known as Virginia Secondary Route 739. Both the DECLARANT and ADDITIONAL DECLARANT herein further eau.Y. �I 3 TNROCKWRTCN a {G1A N ATTWHEYDATtAW II 20 SWTN KeNT s""T WINCM...YINCINIA 2=1 ! �f BK%S�fr,Qa �59 I I , Ildedicate the entrance of Foxridge Lane off of Fox Drive and the (first three hundred (300') feet of Foxridge Lane from Fox Drive i' i to the public for ingress and egress. iI All of the lots shown on the plat attached hereto (shall be subject to the following restrictions and covenants and Articles which are covenants running with the land, and shall be J) binding upon all parties having any right, title and interest in I i IIand to the aforesaid lots or any part thereof, their heirs, I I I' successors and assigns, and shall inure to the benefit of each I; I I� Owner thereof. A R T I C L E I f �I DEFINITIONS j if II Section 1. "Association" shall mean and refer to I I Foxridge Homeowners Association, Inc., a non stock Virginia Corporation_, its successors and assigns. Section 2. "Common Areas" shall mean and refer to that certain real property hereinabove described as common open I' space and parking areas, and such additions thereto as may it hereafter be brought within the jurisdiction of the Corporation. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of Foxridge with the exception of I the common areas space and parking areas. Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 5. "owner" shall mean and refer to the record I I Owner, whether one or more persons or entities, of a fee simple lif title to any Lot which is a part of the Foxridge as shown on the Il attached plat, including contract sellers, but excluding those ; having such interest merely as security for the performance of I sWLLY, �I 4 TRR=KMORTO" a GLAp lrmR"EYE AT LAW I i sOUTRRERTsTmeT !I RCHUTER, VIRGMA 7MI SCULLT. 1WROCKWATON a GLAW A7TOFMM AT LAW 20 OOTM%ENTMEET WINCIIEST/ANIRGINIA 22001 II 811750360 l� an obligation. I� Section 6. "DECLARANT" shall mean and refer to Donald I H. Russo and Linda H. Russo, their successors and assigns. I Section ?. "ADDITIONAL DECLARANT" shall mean and reference to RUSSON, it's successors and assigns. ART T i i. L E T I MEMBERSHIP i iEvery person or entity who is a record Owner of a fee or undivided fee interest in any Lot which is subject by i ilcovenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who i+I hold an interest merely as security for the performance of an �± obligation. Only one membership shall be accorded per Lot. ;! Membership shall be appurtene-t to and may not be separated from �I ownership of any Lot which is subject to assessment by the I ' Association. Ownership of such Lot shall be the sole qualification for membership. i A R T I C L E I I I �I VOTING RIGHTS II Each Member of the Association shall have one vote for i each lot owned in which said member shall hold the interest � required for membership in Article II. When more than one � �I person holds such interest in any Lot, all such persons shall be I IIMembers. The vote for such Lot shall be exercised as they among , themselves determine, but in no event shall more than one vote I f� be cast With respect to any Lot. BOARD OF DIRECTORS The affairs of the Association shall be managed by a 5 SCULLY. TNNOCIOIONTOM s ala6a ATTOM Y6 AT LAW =SWTM N6NTS,RIffy WINCHIMP YIRGINIA rMf e,1759rc03ol Board of not less than three (3), but no more than nine 0) directors, who must be members of the Association. The initial Board of Directors shall by appointed by the Association and serve until the first annual meeting following conveyance of the first Lot in Foxridge; thereafter, the Board of Directors shall be elected by the Membership as determined in the By -Laws of the Association. !� TREASURER ?� The Treasurer of the Association shall be bonded, with the expense of such a fidelity bond for said officer to be borne i �j by the Association. A R T I C L E I V PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of Enjoyment: Every Member shall have a right and easement of enjoyment in and to the "Common Areas", specifically including but not limited to the rights of ingress and egress across the aforesaid "Common Areas" and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The rights of the Association, in accordance with its Articles and By -Laws, to borrow money for the purpose of improving the aforesaid "Common Areas" and in aid thereof to mortgage said property and the rights of such mortgagee in said "Common Areas" shall be subordinate to the rights of tbe: Homeowners hereunder. (b) The rights of the Association to suspend the voting rights and the right to the use of the "Common Areas" by a Member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 6 1; I I � I 6K759Pc0362 thirty (30) days for any infraction of its published rules ! and regulations. (c) The rights of the Association to dedicate or'transfer all or part of the "Common. Areas" to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. I� Section 2. Delegation of Use. Any Member may jldeleaate, in accordance with the By -Laws, • his right of enjoyment to the "Common Areas" to the members of his family, his tenants, or contract purchasers who reside on the property. ! Section 3. Title to the "Common Areas": The j i DECLARANT hereby covenants for their heirs and assigns, that Donald Russo and Linda Russo will convey fee simple title to the I common open space and parking areas, (referred to hereinabove as the "Common Areas") to the Association, immediately after fifty j� (50%) percent of the lots are sold. I; A R T I C L E V I1 IIkj COVENANTS FOR MAINTENANCE ASSESSMENTS FOR ThE ASSOCIATION ii Section 1. Assessments: The DECLARANT, for each Lot 1 I � owned, hereby covenants, and each Owner of. any Lot by acceptance IJ i of a deed therefor, whether or not it shall be so expressed in j II any such deed or other conveyance, is deemed to covenant and I� agree to pay to the Association (1) annual assessments or I !i charges, and (2) special assessments for capital improvements, ECuuY. II 7 T14ROCKMORTM a Duna I ATTORNEY/ AT uri E MOUTH KENT MEET 1j "INCHUTERI VIRCN11A 77001 11 I BK759r;0363 lisuch assessments to be fixed, established, and collected from i`itime to time as hereinafter provided. The annual assessments iB and special assessments, together with such interest thereon and a ;((costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the IIIproperty against which each such interest, costs and reasonable !.attorney's fee, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass I Ito his successors in title unless expressly assumed by them. I Section 2. Purpose of Assessments: The assessments 11levied by the Association shall be used exclusively for the iifollowing purposes, to -wit: ImproT-ements and maintenance of the d"Common Areas", specific-l.ly including, but not limited to, payment of real estate takes, repairs, snow removal, storm drainage repair, maintenance of street iignts and payment of all ;!utility charges therefoi., and service and facilities devoted to !,the aforesaid purposes and related to the use of and enjoyment of the "Common PT:eas"; for the maintenance of shrubbery and Ilawns, including the mowing of al, lawns of all lots in iroxridge, for streets, ,-arxing area maintenance and storm water IIII �idetention facility maintenance; and fi:rther, for the purpose of !promoting the recreation, health, safety and welfare of the ir-�sidents of the "Common Areas" of Foxridge. Section 3. Haws and Maximum of Annual Assessments: i Until January 1 of the year immediat^ly following the conveyance of the first Lot to an Owner, the maximum annual assessment i�shall be Two Hundred Dollars ($200.00) per year per Lot; i II (a) From and after January 1 of the year immediately following the t"aoerutw+To" II a auu AsranNM AT LAW 70l0YT"KeNTPREET �I 1Y1"C"E$TEa.V1aa1K1A nw1 I 5K759F"a036() 1i conveyance of the first Lot to an Owner, the maximum annual assessment per Lot may be j increased above that set forth i hereinabove by a vote of the Members for -the next succeeding �i year and at the end of each year's period, for each succeeding period i of one (1) year, provided that any such change shall have the assent ;i of two-thirds (2/3) of the votes I of Members who are voting in person or by proxy, at a meet-Ing duly called for this purpose, I written notice of which shall be sent to all Members not less than thirty (30) days nor more than it sixty (60) days in advance of the meeting. The limitations hereof I shall not apply to any change in the maximum and basis of the assessments undertaken as an I; ncident to a merger or it consolidation in which the Association is authorized to participate under its Articles of Incorporation. (b) After consideration of current I maintenance costs and future needs of the Association, the Board of Directors may fix the annual Ii assessments at an amount not in IIexcess of the maximum. Section. 4. Special Assessments for Capital Improvements: In addition to the annual assessments authorized IIabove, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of 11 defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described i� capital improvement upon the "Common Areas", including the E necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two- ithirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written Ii notice of which shall be sent to all Members not less than SCULLY, 9 THROCKMORTON • f olds ATTORNETSATLAW I� 209OUTM KENT STREET WINCHESTCR, VIRGINIA 2MI RK759PG0365 thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Section S. Uniform Rate of Assessment: Both annual i and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. ;i Section 6. Quorum for any Action Authority Under :(Sections 3 and 4: At the first meeting called, as provided in f I I IlSections 3 and 4 hereof, the presence at the meeting of Members I '!or of proxies entitled to cast sixty-seven percent (67%) of all , Iivotes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, i :subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be lione-half (1/2) of the required quorum at the preceding meeting. I I k No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Bectiz..-. 7. Date of Commencement of Annual IlAssessments: DOE DATE: The annual assessments provided for therein shall commence as to all Lots on the first dal- of the Ilwonth following the conveyance of the first Lot to an Owner. (;The first annual assessment Eh -all be adjusted according to the it Inumber of months remaining in the calendar year. The Board of (Directors shall fix the amount of the annual assessment against ';each Lot at least thirty (30) days in advance of each annual C 'I assessment period. Written notice of the annual. assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association setting forth whether SCULLY. 10 TNRCCRYORTM Z. i ArMANM AT uw 1SOUTH KENTBrREET IINCHMER.VIRGINIA 2MI I� If 8K759 366 i1the assessments on a specified Lot have been paid. A reasonable ii .charge may be made by the Board for the issuance of these ccrt*f4cates. Such certificates shall be conclusive evidence of :!payment of any assessment therein stated to have been paid. Said :assessment shall not apply to any unsold lot retained by the IIDECLARANT if DECLARANT has said lots for sale. I Section 8. Effect of Non -Payment of Assessments: i Remedies of the Association: Any assessments which are not paid I when due shall be delinquent. If the assessments which is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of li twelve percent (12%) per annum, and the Association may bring an I action at law against the Owner personally obligated to pay the i same, or foreclose the lien against the property, and interest, 11costs and reasonable attorney's fees on any such action shall be :added tc the amount of such assessment. No Owner may .naive ce !otherwise escape liability for the assessments provided for :therein by non-use of the "Common Areas" or abandonment of his i Lot. Secti*a 9. Subordination of. the Lien to Mortgages: The lien of the assessments provided for herein shall be i subordinated to the lien of any mortgage or mortgages now or I hereafter encumbering any Lot. Sale or transfer of any Lot � i shall not affect the assessment lien. However, the sale or i 'transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of i such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve i such Lot from liability for any assessments thereafter becoming ECULLY. f TNROCKMORTON a I) aLasE ATTORNEV7 AT 5AW 0010YTN KENT ITRsG': II WINCHWER.YMOINIA zM0' i i $CULLY. T"ROCKMORTOM 0 atAa A710MAVO AT LAW 2060UTR KEMT 67RE6T ""C01E6TER.VIRGINM 22601 BK75°;GO367 due from the lien thereof. J Section 10. Exempt Property: The following property subject to this Declaration'shall be exempt from the assessments I I !I created herein; (a) the "Conunon Areas"; (b) all properties �i dedicated to and accepted by a local public authority; and (c) all properties owned by a charitable or nonprofit organization �I exempt from taxation by the laws of the State of Virginia. I) However, no residence occupied as a dwelling shall be exempt II lI!i from these assessments. j; Section 11. Failure to Mairtain "Common Areas": In I! the event that the Association, or its successors, shad fail to maintain the "Common Areas" in reasonable order and condition, j• jl the County of Frederick may take such action as authorized by ; the Frederick County Zoning ordinance. The Frederick County II Zoning Ordinance is. by this reference, made a part hereof as if set out in full. I A R T I C L E V I i I I II USE, RESTRICTIONS AND COVENANTS I i This Subdivision shall be subject to the following k restrictions which are constituted covenants real to run with the lard; 1. All Lots shall be used for single family residential purposes only. No garage nor carport shall be permitted on any Lot with the exception of those lots in which a garage was constructed in the basement thereof at the time of construction of the townhouse situate thereon. 2. No profession or home occupation shall be conducted in or on any part of a Lot; provided, however, that DECLARANT reserves the right to use one or more of said Lots for business purposes in 12 9WLLY. TIIAOCKMOKTOM a ULAN ATTOKNET9 AT OAW 209OUTM KENT iTNEET WINCNE9TEP.VN aiNIA TMI l 8K759Fr0368 ' connection with the development, it sales and operation of said townhouse subdivision. 3. No signs or advertising of any nature shall be erected or maintained on any Lot except for it sale signs for said Lot not to j� exceed five (5) square feet in area, or signs used by a builder to advertise the property during it construction and sale. No "For Rent" signs shall be allowed on any Lot. 4. No exterior antennas, satellite �i dishes or similar devise shall be permitted on any Lot. 5. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles, motorcycles, pickup trucks, and 3/4 ton (or less) vans) shall be permitted on any Lot except during the course of I� li construction. No motor vehicle or material portion thereof which does not have a current license �! and current Virginia inspection sticker shall be permitted on any Lot. ownership of each Lot shall entitle the Owner thereof to the j use of not more than two (2) vehicular parking spaces which shall be as near and convenient to �E said Lot as reasonably possible, II together with the right of ingress and egress upon said Parking Area. I The Association may take the necessary }I} action to assign parking spaces to �I individual lots. iI 6. No vehicles shall be parked in an jj area other than the Parking Area it designated on the attached plat, or in the driveways to the �i aforesaid townhouses with garages constructed in the basement li thereof. i 7. No animals of any kind (including livestock, poultry or birds) shall �I be permitted on any Lot, except that dogs, cats and other usual !� household pets may be kept, provided they are not kept, bred j �I 13 BK1591.'G0369 or maintained for commercial or charitable purposes or in unusual numbers; and further provided that no dogs shall be permitted to run at large or without restraint in said Subdivision. No dog may be tied and left unattended outdoors. 8. No fence or hedge shall be constructed or erected on any Lot in said Subdivision. 9. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 10. In the event that a dwelling is destroyed, the Owner of the dwelling within thirty (30) days from said destruction, shall clear away the remaining portion of the dwelling unit and maintain the Lot in a neat and orderly condition. No structure other than a townhouse of at least the same dimensions and architecture as the anit de.;tr oyed shall be constructed .in the place of the original unit. 1I. Each Owner shall keep all Lots owned by him and all improvements therein or thereon in good order and repair and free of debris, including, but not limited to, the seeding, watering, and mowing of all lawns, the pruning and cutting of all trees ani shrubbery (in the event that such duties are nct undertaken and performed by the Association, as set forth hereinabove), and the painti:_t, (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. In the event an Owner of any Lot in Foxridge shall fail to maintain the premises and the improvements situated thereon as provided herein, the Association, after notice to the Owner as provided in the By -Laws and approval by two-thirds (2/3) vote sou«T, f 14 THROCKMORTON 6 OWi ATTORNlYt AT WV I 20 6WTN KENTMEET WINCNESTER, VIRGINIA Yd01 WULLY. TNROCKMORTOR I� ,,LAM ATTORNEY! AT LAW II 20WUT1 KENTBTREET WINCNEETERMAGINIA IMI fI I fl 39759Pr, 0370 by the Board of Directors, shall have the right to enter upon said Lot to correct drainage and to repair, maintain and restore the Lot and the exterior of the &building erected thereon. All cost related to such correction, repair or restoration shall become a special assessment upon such Lot. 12. The general rules of law regarding party walls and liability for property damages due to negligence or willful acts or omissions shall apply. The cost of reasonable repair and maintenance of a party wall shall be shared by the two (2) adjoining landowners, except to the extent the wall is not of use to one of the Owners. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has use of the wall may restore it and if the other Owners thereafter make use of the wall, they shall contribute to the cost of the restoration thereof in propor`,ion to such use without prejudice, however., to the right of any such owners to call for a larger contribution from the others under any rule of law regarding liability for negligence or for willful acts or omissions. Notwithstanding any other provision of this Article, an Owner by his negligence or wilifu:: act causes a party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owi,.:r's successor in title. 13. No Lot shall be used or maintained as a dumping ,round for rubbish. Trash, garbage or other waste shall be in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary 15 SCULLY. li TNPOCKUMTON Z. ATTORNEVE AT LAW IOEOUTH EeNT STREET NINCNEETER, VOIOINI,. II 2MI �I SK759PG037I condition in the rear. No refuse or any container for same shall be placed or stored in front of any townhouse, except on the date of garbage pickup. 14. No trees shall be planted nor other digging undertaken without first securing the approval of the local power company and without first being advised as to the location of all underground electrical and telephone wires. 15, Mn exterior clothes line or hanging device shall be permitted on any Lot. 16. The color of the paint on the exterior of every building on each Lot shall be the same as the original color. 17. No building, structure, addition nor exterior alteration (including basketball backboards, rims and nets) or improvements of any character shall be constructed upon any Lot or dwelling located theon, except as exterior -sainting is perinitLerl by the prior. paragraph, unless the plan of construction, including quality of workmanship, design, colors and materials, shall have been approved in writing by the Foxridge Homeowners Association as being in harmony with the whole subdivision, especially the adjoining townhouse unit. 18. If in the construction of any dwelling by DECLARANT there occurs an encroachment, then such encroachment shall be deemed a perpetual easement for the benefit of the dominant Lot. 19. No Lot upon which a townhouse has been constructed shall be further subdivided or separated into smaller lots by any Owner and no Dortion less than all of such Lot, nor any easement or other interest herein, shall be conveyed or transferred by an Owner, provided that this shall not prohibit deedo of correction, deeds to resolve 16 i i .I i 8K759PG0372 boundary disputes and similar corrective instruments. 20. All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of fifteen (15) years from the date of this Lnst_%unent and, shall be renewed automatically for additional successive ten (10) year periods I unless the Owners of a majority of Lots in r'oxyidge Subdivision shall, at least six (6) months prior to any such renewal date, ;j execute and record an agreement amending said covenants and restrictions. ;I 21. The DECLARANT herein reserves and shall have the right alone to '! waive any one or more of the restrictive covenants and conditions contained herein as to any Lot transferred by it except I� that it cannot change the use of any Lot from residential to commercial. This waiver shall not affect the binding effect of the covenants and conditions upon any other Lot. The DECLARIWf further reserves the right alone to impose I( additional restrictive covenants d and restrictions as to any Lot or it Dots owned by it at the tiros of the imposition and such imposition ! shall not affect the binding effect of these provisions upon any other Lots. �I 22. The invalidation of any one of the f covenants or restrictions contained herein by judgment or !I Court order shall in nowise affect if any of the other provisions which I shall remain in full force and effect. The failure of the Lot ; Owners or the DECLARANT herein to enforce any covenants or restrictions shall nuc be dee:aed to be a waiver of the right to do so thereafter as to a default �i occurring prior or subsequent II thereto. SWUM II 17 TIROCKMORTON 1 Z. II ATMUPS AT LAW 2GSOUTNMWOR66T WINCNf6T[R.VIROINIA Mal � ; �I BK 7 59VG0373 A R T I C L E V I I I EASEMENTS Section 1. Sewer and Water Easements: The property ::dedicated hereby is subject to that certain easement(s) or right(s) of way designated Sewer Easement/Water Easement on the !aforesaid attached plat. The DECLARANT does hereby grant and ,convey unto the Frederick County Sanitation Authority a :iperpetual right of way or easement over the aforesaid rights of ;!way for the installation and maintenance of water and sewer :ilines and any related facility designated on the aforesaid plat as Sewer/Water Easement. Section 2. Public Access and Utility Easements: The j property dedicated hereby is subjact to those certain easements It designated Public Access and Utility Easements which are ten j (10) feet in width along the front of the subject property as I�shown on the aforesaid attached plat. jiSection 3. Surface Drainage Easemei.t: The property I! dedicated hereby is subject to those certain easements or rights `iof way designated Drainage Easement and Detention Pond on the jlaforesaid ;'inal Master Development Plan of Foxridge for the purpose of surface water drainage easement. No structures of ,I any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easements designated on the aforesaid II plat. Said surface water drainage easements may not be altered I II or modified without the prior consent of the County of it Frederick, and the DECLAFANT does hereby grant and convey unto II the County of Frederick a perpetual right of way or easement II over the aforesaid designated surface drainage easements and suNxv. II 18 TNROCKMpRTON i OyII ArroRNer, AT uw 7Di0UTN KENT eIREET WINCNEeTER,VIR01N1A 2MI I� II i ea759Pc0374 detention pond for the purpose of so providing surface drainage. DECLARANT doe; further agree that the County of Frederick shall it be under no obi iaation to mainiaan said surface drainage jeasements, provided, however, that in the event the Association �Ifails to maintain said surface drainage easements, then, and in that event, the County of Frederick shall have the right to maintain the sane and charge the Association pursuant to the provisions of ARTICLE V, Section 11, hereinabove. DECLARANT, for a period of five (5) years from the date of conveyance of the first Lot in Foxridge, reserves a blanket easement and right on, over and under the ground within that Subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health., safety and appearance. Such right expressly includes the right (I tc cut any trees, bushes or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, Ii !� following which the DECLARANT shall restore the affected property to its original condition as near as practical. The il I! DECLARANT shall give reasonable notice of intent to take such 11 action to all affected Owners, unless in the rpi..nion of the DECLARANT an emergency exists which precludes such notice. Section 4. Reservations: The DECLARANT reserves unto itself, their successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other facilities, sewer„ gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and along the strip ten (10) feet I along the front of each Lot designated "Public Access and r 19 TNROCKYOATON ' • auso AWGRNfl7AT LAW 9VE0VTN KWITSTR"T VANCHUM.VIR01NIA X"I it �K753rc0375 iUtility Easement" and over the "Common Areas", as needed, ii provided that such easement shall not interfere with the use and i' enjoyment of the "Common Areas". I I Section 5. Foxridge Lane:_ The DECLARANT further grants a right or right of way an give their consent to the ADDITIONAL i !IDECLARANT to allow the ADDITIONAL DECLARANT the right to widen it I and improve Foxridge Lane and to alter said roadway per the plans that have been approved by Frederick County Planning Department I n and which are of record in the Frederick County Planning f I � II Department. Said purposed change is attached hereto and labeled Exhibit "A". The ADDITIONAL DECLARANT is to pay for the said I! i 1I road improve, widening and altering. If necessary the DECLARANT, their successors and assigns, agree to join in any document to II assist the ADDITIONAL DECLARANT with the purposed change. I i A_R T I C L E V I I I GENERAL PROVISIONS I; Section 1. Enforcement: The Association, its successors or assigns, or any Owner shall have the right to j enforce, by any proceeding at law or in equity, all ' Irestrictions, conditions, covenants, reservations, liens and ' charges, now, or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which the Association, its successors or assigns, or any Owner shall incur in the enforcement of the restrictions, conditions, covenants, reservations, liens and charges, nor or hereafter imposed, shall be borne by the party against which action is taken and which Li SCULLY, 20 I TNROCKMORTON I� OLAY ATTONNEYE AT LAW 10EOUTN KENTMINT I WINCNEETEN,VIROINIA 7TE01 II ! SCULLY. TNAOCKMOATOM a CLAN ATTOAKETO AT LAW 20e0UWIK9WT5MQ r WIKCHRPM. VwaKIA rno� i f' I!, eK75I`Pf,0376 costs shall include reasonable attorney's fees, costs, and „ damages. Section 2. Severability: invalidation of any one of i I these covenants or restrictions by judgment or Court order shall �I in no way affect any other provision which shall remain in full , i i force and effect. f I � Section 3. Amendment: The covenants and restrictions i� of this Declaration shall run with the land and bind the land, i and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, it successors and assigns, for a term of thirty (30) years from the j it date this Declaration is recorded, after which time, said i covenants shall be automatically extended for successive periods I ii of ten (10) years. The covenants and restr. -tions of this jDeclaration may be amended during the first thirty (30) year I1 instr11- nt sionad by not less than ninety percent period by an _ y I (90%) of the Lot Owners, and thereafter, by an instrument signed ; by not less than seventy-five percent (75%) of the Lot Owners. 1 i Any amendment must be properly recorded. �I Section 4. Dissolutions Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an I appropriate public agency to be used for purposes similar to I those for which the Association was created or for general I i welfare of the residents of Foxridge. In the event that such dedication is refused acceptance, such assets shall be deemed i i II vested in the Members of the Association as tenants in common. The Dedication and Subdivision of the land as shown on 21 en7591'60377 I, Ilthe attached plat is with the free consent and in accordance 'with the desire of the undersigned DECLARANT, Proprietors, Trustee and Beneficiary of•the land being subdivided, and is in 11 11conformity with the provisions of "The Virginia Land Subdivision 1 Act" as are applicable, together with the applicable ordinances Land regulations of the governing body of the County of 11 ,:Frederick, Virginia. ;j The County of Frederick? Virginia, by the signature of it ,its agents on the attached plat, do accept the dedications to `.ipublic domain of the land and easements herein described as such. The designated "Common Areas" are not dedicated hereby for use by the general public but are dedicated to the common use and enjoyment of the homeowners in Foxridge as provided ':ihereinabove. I �I it I. I1 7CULLY, YMR=KMOAron .. GI; LASS ATTGAM"S AT LAM, 7I50uTNKlNTiTAlET WINCHUTFA, VIRGINIA �I 'I �I WITNESS the following signatures and seals: DONAL, A RUSSO Z� L \]�� H. RUSSO BE AM IN NB , T ustee IRST IN BANK OF VIRGINIA RUSSGI', a Vir , nia Partnership BY: z � ,. ;ne, H. RUSS POTTS, general partner �1 BY: partnerr E. -SIBE , JR., gene --al partner- � 22 I i BK7591"G0318 STATE OF VIRGINIA CITY/ OF WINCHESTER , To -wit: I, M. F. McLaughlin a Notary Public liin and for the aforesaid jurisdiction, do hereby certify that I! iDONALD A. RUSSO, whose name is signed to the foregoing document I!I bearing date of 29th day of March , 1991, has personally I appeared before me and acknowledged the same. I� Given under my hand this 12th day of April , 1991. My commission exgir a tember 0, 1993 :t -- o, of ry P ie_ : i� STATE OF VIRGINIA i �I CITY/tSlWITZ OF WINCHESTER —, To -wit: I, M. F. McLaughlin , a Notary Public in and for the aforesaid jurisdiction, do hereby certify that liLINDA H. RUSSO, whose name is signed to the foregoing document ;i bearing date of 29th day of March , 1991, has personally I� appeared before me and acknowledged the same. i! Given under my head this 12th day of April , 1991. My commission expir-=Se to ber0, 1993 i , Note y P lic SCULLY. �� 23 WROCKYOMN , e GL4= +I ATTORNEY. AT LAW 7000UTN KENT """FtWiNO%EOTER,VIROINU t7001 i � I 8K759rG0379 STATE OF VIRGINIA CITY/0MD= OF Winchester , To -wit: I, M. F. McLaughlin , a Notary Public �I in and for the aforesaid jurisdiction, do hereby certify that it BENJAMIN M. SUTLER, Trustee, whose name is signed to the i� foregoing document bearing date of 29th day of March 1991, i has personally appeared before me and acknowledged the same. Given under my hand this 12th day of April 1991. a� d My commission expires Sen -tember 30 Z � •'jo ota y Pu fib.' I f STATE OF VIRGINIA I CITY/COUNTY OF Frederick , To -wit: i I, Tami C. Estes , a Notary Public itin and for the aforesaid jurisdiction, do hereby certify that J. Andrew Hershey an duly authorized officer of FIRST AMERICAN HANK of VIRGINIA, whose name is signed to the foregoing j document bearing date of 29th day of March 1991, has I personally appeared before me and acknowledged the same. i II Given under my hand this 29th day of !March I Ij 11991. I �{ My commission expires May 11, 1993 C,.'�.5 0. I � Notary Ptjblln J y ",` Ianty. I 24 n,aocKµoaroa II e owa i I AT MUEY! AT LAW Z0i0UTNK"TDTKSET "fICHESTEa, VIa01WA �I 22WO �� i BK75';' Vr0360 STATE OF VIRGINIA CITY/190=21 OF WINCHESTEk , To-:.tt: I i I I, M. F. McLAUGHLIN , a Notary Public t in and for the aforesaid jurisdiction, do hereby certify that DELBERT E, SIBERT, JR., general partner in RUSSON, a Virginia partnership, whose name is signed to the foregoing document i bearing date of 29th day of March , 1991, has personally i appeared before me and acknowledged the same. Given under my hand this 12th day of April , 1991. i My commission expir `s Sept mber 30 199 �•{^%y No Ya ry lliic..• �~ — SCOLD. Ii 2 5 TNROCKMORTax 46A•6 ATTORNMATLAW MMM KIWWREET WINONE6TERN RGINIA 2MI RA' 5Sii :�381 H tleM C� . d.b O / .1 Stinks. � � • W. ' 4' •'. " .� ��1�r `'� l qy� i . • r Ro;t . e ' ' fr • f VICINITY MAP. ` J • •'i o � , ! • BCALE:1'.2000' ! �.., o.. it _ FINAL PLAT EOXRIDGE GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA APPROVED BY FRED. CO. SANITATION AUTHORITY DATE FRED.00. PLANISIMCOMMISSION CATE FRED. CO. SUBDMSiON ADMIN TRATOh DATE — VA. DEPT.OFTRNNSPORTATtON DATE !i OWNER'S CERTIFICATE The 2;,ove anc foregoing subdivision of the land of Donald A. Russo and Linda H. Russo, as appears in the accompanying plat, Is with the consent and in accordance wi h the dosires of the underslgner' ormors, proprietors, and trusteos, If any. I All property owners In Foxridae are required to belong to the Forddge Home Owners Association. The Association is the owner of all areas shown as Parking Area and Open Space on the attached plat and Is responsible for the maintenance of those areas. All property owners crust pay an annual assessment to pay for this maintenance. This fee and all other rules of tho Association are set forth In the Restrictions and Covenants attached hereto. A copy of the Final Master Development Plan for Foxridge is on file at the Frederick County Department of Planning and development. SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision Is the same land conveyed to Donald A. Russo and Linda H. Russo by dkred dated 19 December 1990 and 21 December 1990, said deeds recorded In the Office of the Clerk of the Circuit Court of Frederick County, Virginia In Deed Hook 754 at Page 1126 and Deed Book 754 at Pap 1121 respectively. Douglas C. Legge, C.L.S. DiOUGLAS C. LEGGE"t, DATE: JANt1ARY 45, 1981 COVER SHEET CE]lITFICATE fd0. � giltwrt w. otiffo awiatm, inc. Sheet swam - 1 LUYd �� � R...., of r. IsooQ.~or. m. a C— 3 VftW ail OMI MNIU Wk ..—. Vhakb UNI MM "I' M STATE ROUTE39 gTA FOX DRIVE OUGLAS C. LEGGE CERTIFICATE NO. LAND ,3 1 (S L ..�..•a..�e o. .�o w c� �J t0pg'4. w' ANY 8 Vpt NOTES: 1. Allnlmum front setback requkemnK b 20 fwL 2• all ros&sys tAM Us development shalt be maintained by the F"rWpa Hama OWnwe AssodaWL 3. Each lot Is ttgM to a 1D' Public Acme and Utility Easement along the front property line and a 1W Open SpacWkngreewEgross Easement along the rear property line. Each and tat is additionally subject to a it' Open SpaceAngress Egress Easement along tra non-party wall sift property line. F ' FOXRIDG`'- FCSA DATE: JANUARY 15, rr1991 SCALE: 1"=50' Silbert W. difforr;� es--smiatca, inc. Sheet 2 tigl. W . Ewa PUMM of aw..yon YqW M. P.n w Iu ►Mr. vft Y 1i (" MIi4w e�tr 38 GSLti�rX�AR Area In Dots i 1.570 Acres 1. Minimum front teibedc requirement Is 20 toss Area in Parking 0.963 Acres 2. All roadways within this development aha8 be melnWned by Area In Open Space 1.167 rea-rea the Fo*Mdge Home Owners Association. Total Ares 'ubdMded 3.900 Acres 9. Each tot Is tAjaot tc a 10' Pub -a Aocass and Utility Easement along the front property line and a 10' Opsn No. of Lots 28 Spacelingress•Egress Easement along the rear property line. Average Lot Sae 2,443 Sq, et Each and lot Is additionally subject to a 8' Open 8paos/tnproes � Egress Easement along the non-party wol etas pmpeny fine. F®XFI�DG.E A � Qyj►LTIlaF� DOUGLAS 0. LEOGi: DATE: JANUARY 15, 1991 SCALE: 1"=50' CERTIFICATE NO. 1-7 Silbert w. cliffou associates, inc. Sheet 3 Ba V"wn Of UHv $� �rr+�ow v ws�su. 010 esau Wak—, +aW na c�m�u •a'a�'a Muf 8 K 7 5 111 P G a PY'ii"A wq, I PlUi UNIt 3 2 �\\! ' 77 FLMJFE RAN L114 fib iP QW4 is Ism -- I+ I Ln .� z lVAODMONAL WIDENING c EXISTING 1 MWESS/EGRE EASE FEW EASEWNT V ADDMONAL DEDICA71ON FtEQUFFJ -77 EXHIBIT "A" oE w I WELL PROPOSAII-1 PI AN PROPOSAS SCALE: V.50,9 SCALE: 1, 60, VIROMA: FREDERICK OOUNTY. SCT. This instrument of writing was vrode� 7 Q. of acknowlocIgment ttwato =exad Nas admitted to ro=V. CLERK June 29, 2000 Mr. Mike Ruddy Zoning Administrator Frederick County Planning Department 107 North Kent Street Winchester, Virginia 22601 Dear Mike: Per your request, this letter is to notify the Frederick County Planning Department that the Fox Ridge Homeowners' Association has donated its playground equipment to a local church. The playground equipment was removed from the premises on Saturday, June 10, 2000, If you have any questions or need additional information, please contact me. Thank you for your attention to this matter. Sincerely, ulie A. Cotterell Vice President Fox Ridge Homeowners' Association 100 Ridge Court Winchester, VA 22603 cc: Suzanne Gregory President - FRHOA JUG! 2 9 2000 DEPT, OF PLANNI�IGIDEVELOPMENT gilbert w. clifford & associates, inc. 200 North Cameron Street P.O. Box 2104 Winchester, Virginia 22601 703-667-2139 Fax: 703-665-0493 August 22, 1991 Mr. Wayne Miller Frederick County Planning Department Loudoun Street Winchester, Virginia 22601 Re: Foxridge Dear Mr. Miller, Thank you for our conversation of August 21 concerning the above referenced project. As we discussed the owner is requesting approval of a change in the proposed pavement design from 8" of stone and 2" of S-5 to 7" of stone and 2" of I-2 with a final 1" coat of S-5. The final coat of asphalt would be applied following the completion of construction of the townhouse units. This procedure would allow good access and aesthetics during the sales period of the units and what damage would occur as a result of construction of the units would be overlayed upon the completion of the units construction. The proposed revised pavement design has been discussed and approved by both Bob Childress of V.D.O.T. and Ed Strawsnyder of the Frederick County Engineering Department. It should be noted, however, that the original approved pavement design did not meet V.D.O.T. standards nor does this revised design. You indicated you were aware of this situation and were aware of the various issues involved. Also, with the exception of the final coat of asphalt and some miscellaneous site work, this project should be completed by September 12, 1991. This is also the date Mr. Russo's bond expires. Since the bank will need time to complete the necessary paperwork and to avoid a lapse in the bonding, it would be appreciated if your office would inspect the project by September 7 and inform Mr. Russo as to the bond amount the County will require until completion of the project. Wayne Miller Foxridge Sub'd. Page 2 Thank you for your attention to these matters and should you have any questions, please do not hesitate to call. Sincerely, I 44WW,(A1 Mike Hammer Project Coordinator MH/cls cc: Chuck Maddox Don Russo Ritchie Vaught Ed Strawsnyder - N COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 August 23, 1991 Mr. Mike Hammer G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 RE: Foxridge, Your letter of August 22, 1991 Dear Mike: Your request to change the surface material for Foxridge pavement is approved. No revision to the site plan will be required, we will file a copy of your letter and this approval with the site plan. Per your request, I will plan on inspecting the site prior to September 7, 1991 to address the bonding requirement. I will need Mr. Russo to contact me directly to finalize that issue. Should you have any questions, please do not hesitate to call. E ,-kMiller ministrator WWM/rsa cc: Donald A. Russo Ed Strawsnyder, Frederick County Engineer THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 - r G.W.CLIFFORD & ASSOC1aTES, INC. 20 S.CAMERON ST. PO BOX 2104 WINCHESTER, VIRGINIA 22601 703-667-2139 TO Fairfax, Va 22030 LETTER OF TRANSMITTAL PRESENT DATE JOB NO. 12 November 1990 ATTENTION Paul Bernard RE: FnY RitInP giihrlivicinn A Ritp Plar WE ARE SENDING YOU n ATTACHED F7 UNDER SEPARATE VIA THE FOLLOWING ITEMS ❑ HAND DELIVERED 7 CHANGE ORDER SAMPLES SPECIFICATIONS SHOP DRAWINGS Fx-1 PRINTS ❑ PLANS x❑ OTHER COPY OF LETTER COPIES DATE DESCRIPTION 3 Nov. 90 Subdivision & Site Plan of above referenced Pro 1 Trip Generation Stud 1 E & S Narrative ARE TRANSMITTED APPROVED/SUBMITTED X❑ FOR APPROVAL ❑ APPROVED/AS NOTED ❑ FOR YOUR USE ❑ RETURN/CORRECTIONS ❑ AS REQUESTED X❑ FOR REVIEW or COMMENT ❑ FOR BIDS DUE ------------ 19___ REMARKS Paul, Copies sent to all other Agencies for their review. ❑ RESUBMITFOR APPROVAL ❑ SUBMIT___ FOR DISTRIBUTION ❑ RETURNED_ CORRECTED PRINTS ❑ LOAN PRINT/RETURN ❑ RETURN/WITH SIGNATURES COPY TO: Don Russo SIGNED Thomas W. Price Wayne Miller - F. C. Zoning REV. 2.0 Wndsow,Home� August 21, 1997 County of Frederick Planning & Zoning Eric Lawrence 107 N. Kent Street Winchester, VA 22601 RE: Tot Lot - Foxridge Subdivision Sim-P,� Winchester, VA Dear Mr. Lawrence: Pursuant to our telephone conversation, I am confirming that Windsong Homes will pick up the gravel and construction debris within the tot lot area, regrade the tot lot area and reseed the tot lot area within the Foxridge subdivision, Winchester, VA. Any questions, please give me a call. Sincerely, Mich . oltz, President Wffes-ong Homes of VA., Inc. {CZ; _ 305 Copper Oaks Drive • Woodsboro, Maryland 21798 • Tel. (301) 898-7746 0 F011u OPPOR"I.NrTyRY Fax (301) 898-7746 ~~ /Z:W)< �L(J����� Ci TY OF FREDERlCK, VIRGINIA 511 i3ptV 1.ev I^��� FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. 111690598 Date Received 111690 'Date Reviewed 121090 Applicant Name G. W. Clifford & Associates Address 200 N. Cameron Street Winchester, Virginia 22601 Project Name Fox Ridge Subdivision Phone No. 703-667-2139 Type of Application Site Plan Current Zoning RP & B-2 1st Due Fire Co. 15 1st Due Rescue Co. 15/3 Election District Gainesboro RECOMMENDATIONS Automatic Sprinkler System Residential Sprinkler System X Automatic Fire Alarm System X Other Emergency Vehicle Access; Adequate X Inadequate Not Identified Fire Lanes Required; Yes X No Comments: Fire lane signs and curb marking required in front of all hydrants to comply with Frederick County Chapter 10. Roadway/Aisleway Widths; Adequate X Inadequate Not Identified Special Hazards Noted; Yes X No Comments: Due to configuration of parking ambulance crews will have to carry stretchers stretchers and equipment as well as patients between parked cars. This is very difficult & the delays & awkward way the patient must be __ carried to the ambulance could even compromise the patients care. We request an island centrally located in front of each set of townhouses with a "handicap ramp type of arrangement and sidewalk 48" in width, for ambulance crew access. Hydrant Locations; Adequate X Inadequate Not Identified Siamese Connection Location; Approved Not Approved Not Identified X Additional Comments: 1. Location of hydrants as shown complies with Frederick County Chapter 10. 2. Access during construction must be maintained at all times for fire and rescue vehicles. S. Temporary signage designating "Fox Ridge" must be placed at Fox Drive when construction begins. 4. Recognized national standards do not recommend grades of streets, where fire apparatus must operate, to exceed 9%. Ice or snow conditions would create a dangerous situation at steeper grades. 5. Loss of water pressure is .433 pounds per foot of elevation. There is approximately 30' difference between the elevation at Fox Drive and the remote hydrant. This will be approximately a 13 PSI drop in water pressure. Please submit calculated flow data expected on remote hydrant at EL 850' prior to receiving approval from this office. Review Time .75 hr ~-_-~ ---` Douglas A. Kracofe Fire Marshal �PT r G.W.CLIFFORD & ASSOCIATES, INC. 20 S.CAMERON ST. PO BOX 2104 WINCHESTER, VIRGINIA 22601 703-667-2139 TO: LETTER OF TRANSMITTAL PRESENT DATE 10 December 1990 I ATTENTION Wayne Miller RE: Fnx Ririnr? Suhrlivicinn Winchester. Va 22601 1 WE ARE SENDING YOU n ATTACHED UNDER SEPARATE VIA ❑ HAND DELIVERED CHANGE ORDER SAMPLES SHOP DRAWINGS Fx-1 PRINTS ❑ PLANS x I COPY OF LETTER COPIES DATE DESCRIPTION 1 Nov.26 Subdivision Application 15 Copies of Plans 1 Subdivision Fee ❑X ARE TRANSMITTED FOR APPROVAL FOR YOUR USE AS REQUESTED APPROVED/SUBMITTED ❑ APPROVED/AS NOTED ❑ RETURN/CORRECTIONS LJ FOR REVIEW or COMMENT FOR BIDS DUE 19 JOB NO. THE FOLLOWING ITEMS SPECIFICATIONS OTHER ❑ RESUBMIT___ FOR APPROVAL ❑ SUBMITFOR DISTRIBUTION ❑ RETURNED_ CORRECTED PRINTS ❑ LOAN PRINT/RETURN ❑ RETURN/WITH SIGNATURES REMARKS Wayne, I have tried unsuccessfully to obtain Doug Kirocofe's Comment Sheet. I have called 4 or 5 times, left messages on his answering machine but still no response. Therefore, I am submitting this application to your office without it. Once I get his response, I will forward it to your office. I understand that he must approve this subdivision prior to your signature, and we agree to such. We will get his approval between now and Final Approval. COPY TO: Don Russo SIGNED Thomas W. Price REV. 2.0 i REQUEST OR SUBDIVISION & SITE PLAN COMMENTS Frederick County Parks & Recreation Department ATTN: James Doran, Director P.O. Box 601, Winchester, Virginia 22601 (703) 665-5678 The Frederick County Parks & Recreation Department is located on the second floor of the Frederick County Administration Building, 9 Court Square, Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Donald A. & Linda H. Russo 1520 Moffett Street Winchester, Va 22601 (703) 667-1873 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St. Winchester, Va 22601 Attn: Tom Price (703) 667-2139 Name of development and/or description of the request: Fox Ridge Location: West & Adjacent to Fox Drive,approximately 500' South of Intersection of Fox Drive & U.S. Rte 522. Parks & Recreation Department Comments: Plan meets open space and recreational area requirements. Parks Signature and Date: ',r�i�1�,✓ iJ1� (NU' IUL TU YAKlKS - 11/21/90 RETURN THIS FORM TO THE AGENT.) NOTICE M APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your plans and/or application form. REQUEST OR SUBDIVISION & SITE PLAN COMMENTS City of Winchester, Virginia ATTN: Tim Youmans, Planning Director 15 N. Cameron Street, Winchester, Virginia 22601 (703) 667-1815 The City of Winchester offices are located in Rouss City Hall at 15 North Cameron Street in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Donald A. & Linda H. Russo 1520 Moffett Street Winchester, Va 22601 (703) 667-1873 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St. Winchester, Va 22601 Attn: Tom Price (703) 667-2139 Name of development and/or description of the request: Fox Ridge Location: West & Adjacent to Fox Drive,approximately 500' South of Intersection of Fox Drive & U.S. Rte 522. City of Winchester Comments: City Signature and Date:-- 1A - /it/ (NOTICE TO CITY - PLEASE RETURN TH1,S FO TO THE AGENT. NOTICE TO APP-L L T It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please also attach a copy of your plans and/or application form. REkr,EP REQUEST OR SUBDIVISION & SITE PLAN COMMENTS Frederick -Winchester Health Department ATTN: Herbert L. Sluder, Sanitation Engineer P.O. Box 2056, Winchester, Virginia 22601 (703) 667-9747 The Frederick -Winchester Health Department is located at the intersection of Smithfield Avenue and Brick Kiln Road, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Donald A. & Linda H. Russo 1520 Moffett Street Winchester. Va 22601 (703) 667-1873 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St. Winchester, Va 22601 Attn: Tom Price (703) 667-2139 Name of development and/or description of the request: Fox Ridge Location: West & Adjacent to Fox Drive.approximately 500' South of Intersection of Fox Drive & U.S. Rte 522, Health Department Comments: Health Signature and Date: 'er. (NOTICE TO HEALTH DEPT. - PLEASE RETURN THIS FORM TO AGENT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your plans and/or application form. REQUEST OR SUBDIVISION & SITE PLAN COMMENTS Frederick County Inspections Department ATTN: Kenneth L. Coffelt, Director P.O. Box 601, Winchester, Virginia 22601 (703) 665-5651 The Frederick County Inspections Department is located at 9 Court Squard in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Donald A. & Linda H. Russo 1520 Moffett Street Winchester, Va 22601 (703) 667-1873 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St. Winchester, Va 22601 Attn: Tom Price (703) 667-2139 Name of development and/or description of the request: Fox Ridge Location: West & Adjacent to Fox Drive,approximately 500' South of Intersection of Fox Drive & U.S. Rte 522. Inspections Department Comments: Inspect. Signature & Date _ (NOTICE TO INSPECTIONS - EASE RETURN THIS FORM TO AGENT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your plans and/or application form. 71,7 4 19 4 G 4 REQUEST OR SUBDIVISION & SITE PLAN COMMENTS Frederick County Sanitation Authority ATTN: Wellington Jones, Engineer/Director P.O. Box 618, Winchester, Virginia 22601 (703) 665-5690 The Frederick County Sanitation Authority is located on the second floor of the Old Frederick County Courthouse in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Dgnald A. & Linda H. Russo 1520 Moffett Street Winchester, Va 22601 (703) 667-1873 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St. Winchester. Va 22601 Attn: Tom Price (703) 667-2139 Name of development and/or description of the request: Fox Ridge Location: blest & Adjacent to Fox Drive.approximately 500' South Df Intersection of Fox Drive & U.S. Rte 522, Sanitation Authority Comments: J57-4 vi, W- 9 /�641 S e0RAEc7--K- Sanit. Signature & Date: (NOTICE TO SANITATION/, ' Z- yXZ14QX1jP RN THIS FORM TO AGENT. NOTICE = APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach TWO copies of your plans and/or application form. A v County of Frederick P.O. Box 601 Winchester, Virginia 22601 Attn: Planning Re: Foxridge subdivision December 10, 1991 The landscaping around the retention pond will begin when the next phase of building permits are issued. Thank you, rim, R.w*:I� Don Russo 1t s: • APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date:12 November 1990 Application #: Fee Paid Applicant/Agent: G.W. Clifford & Associates. Inc. Address: P.O. Box 2104 Winchester, Va 22601 Phone: (703) 667-2139 Owners name: Donald A. & Linda H. Russo Address: 1520 Moffett Street Winchester, Va 22601 Phone Number: (703) 667-1873 Please list names of all stockholders: Donald Russo Linda Russo Contact person: Tom Price Phone: (703) 667-2139 owners, principals, and/or majority Name of Subdivision: Fox Ridge Number of Lots: 28 Total Acreage: 3.90 Acres Property Location: West & Adjacent to Fox Drive, approximately 500' South of Intersection of Fox Drive & U.S. Rte 522. (Give State Rt.#, distance and direction from intersection) Magisterial District: 3.9 Acres Tax ID Number (21 digit): 42000-A00-0000-0000-01950 Property zoning and present use: RP (Vacant) Adjoining property zoning and use: RP (Vacant & Residential) B-2 (Shopping Center & Vacant) Has a master Development Plan been submitted for this project? Yes X No If yes, has the final MDP been approved by the Board of Supervisors? Yes X No What was the MDP title? Fox Ridge Does the plat contain any changes from the approved MDP? Yes No X If yes, specify what changes. Minimum Lot Size (smallest lot): 2000 sf Number and types of housing units in this development: Number 28 Types Townhouses 0 Site Plan Application DATE: 12 November 1990 Application #: Complete the following application: 1. Development's Name: Fox Ridge 2. Location of Property: West & Adjacent to Fox Drive, approximately 500' South of Intersection of Fox Drive & U.S. Rte 522, 3. Property Owner's Name: Donald A. & Linda H. Russo Address: 1520 Moffett Street Winchester, Va 22601 Phone Number: (703) 667-1873 4. Applicant: same Address: Telephone: Agent: Gilbert W. Clifford & Associates.Inc. Address:_200 N. Cameron St. Winchester, Va Telephone: (703) 667-2139 5. Designer/Design Co.: same Address: Telephone: Contact: Tom Price 6. Is this an original or revised Site Original X Revised 7. Total Area of Parcel to be developed: 3.90 Acres 8. Property Information: a) Tax Map Number: b) Parcel Number: 195 c) Tax ID#: 42000-A00-0000-0000-01950 d) Current Zoning: RP e) Present Use: Vacant f) Proposed Uses: Townhouses g) Adjoining Property Zoning: RP & B-2 h) Adjoining Property Use: Residential, Vacant & Shopping Center i) Magisterial District: Gainesboro I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. Applicant's Signature: P/C review 1/16/91 SUBDIVISION APPLICATION FOX RIDGE 28 Lots -Townhouses LOCATION: West and adjacent to Fox Drive, approximately 500, south of Intersection of Fox Drive and U.S. Route 522 North. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42000-A00-0000-0000-01950 CURRENT ZONING & USE: Zoned RP (Residential Performance), Use - vacant ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) and B-2 (Business General), Use - vacant, residential and shopping center REVIEW EVALUATIONS: Virginia Dept. of Transportation: See letter dated November 21, 1990. Consulting Engineer: See letter dated December 5, 1990. Frederick Co. Parks and Rec. Plan meets open space and recreational area requirements. Inspections Department: This request for subdivision approval shall comply to Use Group "R" Residential Section 309.0 of the BOCA National Building Code 111987". Sanitation Authority: 1st review - 9 items correct and resubmit. Fire Marshal: See attached comments, dated 12/10/90. Planning and Zoning: This site presents some challenging stormwater management problems because of the slope of the land and the amount of impervious surface that will exist upon completion. The county engineers comments address the concerns pertaining to stormwater management and the developer must address these concerns. Otherwise, this subdivision request is in conformance with the Master Development Plan and other pertinent requirements. Page 2 Fox Ridge Subdivision STAFF RECOMMENDATIONS FOR 1116191 PIC MEETING: Approval with the condition that the developer satisfactorily address all outstanding review agency comments. FOX RIDGE SUBDIVISION APPLICATION Gainesboro Magisterial District County of Frederick, Virginia Prepared for Donald A. & Linda H. Russo 1520 Moffett Street Winchester, Va 22601 (703) 667-1873 November 1990 by gilbert w. clifford & associates, inc. FREDERICKSBURG - WINCHESTER APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date:26 November 1990 Application #: Fee Paid )q Applicant/Agent: G.W. Clifford & Associates, Inc. Address: P.O. Box 2104 Winchester, Va 22601 Phone: (703) 667-2139 Owners name: Donald A. & Linda H. Russo Address: 1520 Moffett Street Winchester, Va 22601 Phone Number: (703) 667-1873 Please list names of all stockholders: Donald Russo Linda Russo owners, principals, and/or majority Contact person: Tom Price Phone: (703) 667-2139 Name of Subdivision: Fox Ridgy Number of Lots: 28 Total Acreage: 3.90 Acres Property Location: West & Adjacent to Fox Drive, approximately 500' South of Intersection of Fox Drive & U.S. Rte 522. (Give State Rt.#, distance and direction from intersection) Magisterial District: 3.9 Acres 6AJ�J--A'bRZi Tax ID Number (21 digit): 42000-A00-0000-0000-01950 Property zoning and present use: RP (Vacant) s Adjoining property zoning and use: RP (Vacant & Residential) B-2 (Shopping Center & Vacant) Has a master Development Plan been submitted for this project? Yes X No If yes, has the final MDP been approved by the Board of Supervisors? Yes X No What was the MDP title? Fox Ridge Does the plat contain any changes from the approved MDP? Yes No X If yes, specify what changes. Minimum Lot Size (smallest lot): 2000 sf Number and types of housing units in this development: Number 28 Types Townhouses K THIS DEED OF DEDICATION, made and dated this zJ day of MAdZC-14 , 1991, by and between DONALD A. RUSSO and LINDA H. RUSSO, parties of the first part, hereinafter called the DECLARANT, whether one or more, and COUNTY OF FREDERICK,VIRGINIA, party of the second part, and BENJAMIN M. BUTLER, Trustee, party of the third part, and FIRST AMERICAN BANK OF VIRGINIA, Beneficiary, party of the fourth part, and RUSSON, a Virginia Partnership, party of the fifth part, hereinafter called ADDITIONAL DECLARANT. WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the attached plat drawn by Douglas C. Legge, C.L.S., dated January 15, 1991, known as Foxridge, which property is further\ described on the Final Master Development Plan of Foxridge as Ned in the Office of the Frederick County Department of Planning and Development. This is a portion of the real estate conveyed to the DECLARANT by two (2) deeds, the first dated December 21, 1990, from Earl S. Bailey, Jr., et ux of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 754, at Page 1121, and the second dated December 19, 1990, from Michael D. Carpenter, et ux,,of record in the aforesaid Clerk's Office in Deed Book 754, at Page 1126; and, WHEREAS, the property is subject to a Deed of Trust, dated December 21, 1990, of record in the aforesaid Clerk's Office in Deed Book 754, at Page 1133, to secure First American Bank of Virginia, a certain indebtedness described therein; and, WHEREAS, said real estate, as shown on the aforesaid attached plat, has been subdivided into lots for the construction of townhouses thereon, and the attached plat shows accurately the metes and bounds of the subdivided land, together SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 r SCULLY, THROCKMORTON m GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 with the dimensions of each lot thereof and also shows certain surrounding lands in said Subdivision to be used as common open space, parking areas, drainage easement, buffer protection easement, water and sewer easement, and utility easement and public access easement to said lots, all of which shall constitute a portion of that development known as Foxridge and which common open space and parking areas shall be owned and maintained by the Foxridge Homeowners Association upon the terms and conditions set forth hereinafter; and, WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known as Foxridge. The subdivision of said real estate, as it now appears on the aforesaid attached plat, is with the free consent and in accordance with the desires of the undersigned DECLARANT, Trustee and Beneficiary, and the parties hereto further desire to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication; and, WHEREAS, The ADDITIONAL,DECLARANT, Russon, a Virginia Partnership is the owner of a tract or parcel of land containing 5.42 acres, and described asiParcel A in that certain deed of conveyance from KENRAY, a Virginia Partnership, dated April 8, 1988 to Russon and of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 677, at Page 263; and, WHEREAS, by a previous agreement Russon agreed to dedicate a portion of the 5.42 acre parcel as an entrance way for the proposed Foxridge Land for public access for ingress and egress. 2 N NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANT does hereby subdivide, grant and dedicate in fee simple all of that certain tract or parcel of land designated as Foxridge lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plat of Douglas C. Legge, C.L.S., dated January 15, 1991, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full, and which plat is drawn in conformity with the final master development plan for Foxridge on file in the Office of the Frederick County Department of Planning and Development. This is the same real estate conveyed to Donald A. Russo and Linda H. Russo, said deeds of record in the aforesaid Clerk's Office in Deed Book 754, at Page 1121, and Deed Book 754, at Page 1126. For and in consideration of the premises and the benefits which will accrue by season of this dedication the ADDITIONAL DECLARANT does hereby grant and dedicate in fee simple all that certain tract or parcel of land that is depicted by dashed lines on that certain plat and survey of Douglas C. Legge, C.L.S., dated December 27, 1990 and attached to that certain Right of Way Agreement and Agreement to Dedicate dated January 16, 1991 and recorded nt, 17G2- by this reference made a part hereof as if set out in full. Said dedication of land is for the purpose of an entrance for Foxridge Lane on Fox Drive also known as Virginia Secondary Route 739. SCULLY, THROCKMORTON A GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER,VIRGINIA 22601 Both the DECLARANT and ADDITIONAL DECLARANT herein further q SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 dedicate the entrance of Foxridge Lane off of Fox Drive and the first three hundred (300') feet of Foxridge Lane from Fox Drive to the public for ingress and egress. All of the lots shown on the plat attached hereto shall be subject to the following restrictions and covenants and Articles which are covenants running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. A R T I C L E I DEFINITIONS Section 1. "Association" shall mean and refer to Foxridge Homeowners Association, Inc., a non stock Virginia Corporation, its successors and assigns. Section 2. "Common Areas" shall mean and refer to that certain real property hereinabove described as common open space and parking areas, and such additions thereto as may hereafter be brought within the jurisdiction of the Corporation. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of Foxridge with the exception of the common areas space and parking areas. Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 5. "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Foxridge as shown on the attached plat, including contract sellers, but excluding those having such interest merely as security for the performance of Gl 1< SCULLY, THROCKMORTON S: GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 an obligation. Section 6. "DECLARANT" shall mean and refer to Donald H. Russo and Linda H. Russo, their successors and assigns. Section 7. "ADDITIONAL DECLARANT" shall mean and reference to RUSSON, it's successors and assigns. A R T I C L E I I MEMBERSHIP Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Only one membership shall be accorded per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. A R T I C L E I I I VOTING RIGHTS Each Member of the Association shall have one vote for each lot owned in which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. BOARD OF DIRECTORS The affairs of the Association shall be managed by a 61 4 Board of not less than three (3), but no more than nine (9) directors, who must be members of the Association. The initial Board of Directors shall be appointed by the Association and serve until the first annual meeting following conveyance of the first Lot in Foxridge; thereafter, the Board of Directors shall be elected by the Membership as determined in the By -Laws of the Association. TREASURER The Treasurer of the Association shall be bonded, with the expense of such a fidelity bond for said officer to be borne by the Association. A R T I C L E I V PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of Enjoyment: Every Member shall have a right and easement of enjoyment in and to the "Common Areas", specifically including but not limited to j the rights of ingress and egress across the aforesaid "Common Areas" and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The rights of the Association, in accordance with its Articles and By -Laws, to borrow money for the purpose of improving the aforesaid "Common Areas" and in aid thereof to mortgage said property and the rights of such mortgagee in said "Common Areas" shall be subordinate to the rights of the Homeowners hereunder. (b) The rights of the Association to suspend the voting rights and the right to the use of the "Common Areas" by a Member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 Ll SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the "Common Areas" to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Delegation of Use: Any Member may delegate, in accordance with the By -Laws, his right of enjoyment to the "Common Areas" to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the "Common Areas": The DECLARANT hereby covenants for their heirs and assigns, that Donald Russo and Linda Russo will convey fee simple title to the common open space and parking areas, (referred to hereinabove as the "Common Areas") to the Association, immediately after fifty (50%) percent of the lots are sold. A R T I C L E V COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The DECLARANT, for each Lot owned, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, 7 such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual assessments and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the following purposes, to -wit: Improvements and maintenance of the "Common Areas", specifically including, but not limited to, payment of real estate taxes, repairs, snow removal, storm drainage repair, maintenance of street lights and payment of all utility charges therefor, and service and facilities devoted to the aforesaid purposes and related to the use of and enjoyment of the "Common Areas"; for the maintenance of shrubbery and lawns, including the mowing of all lawns of all lots in Foxridge, for streets, parking area maintenance and storm water detention facility maintenance; and further, for the purpose of promoting the recreation, health, safety and welfare of the residents of the "Common Areas" of Foxridge. Section 3. Basis and Maximum of Annual Assessments: Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be Two Hundred Dollars ($200.00) per year per Lot; (a) From and after January 1 of the year immediately following the SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER, V IRGINIA 22601 SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER. VIRGINIA 22601 conveyance of the first Lot to an Owner, the maximum annual assessment per Lot may be increased above that set forth hereinabove by a vote of the Members for the next succeeding year and at the end of each year's period, for each succeeding period of one (1) year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the "Common Areas", including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two- thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than 9 0 SCULLY, THROCKMORTON IM GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 (thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Section 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. Section 6. Quorum for any Action Authority Under Sections 3 and 4: At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members or of proxies entitled to cast sixty-seven percent (67%) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assessments: DUE DATE: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the first Lot to an Owner. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association setting forth whether 10 SCULLY, THROCKMORTON 6 GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Said assessment shall not apply to any unsold lot retained by the DECLARANT if DECLARANT has said lots for sale. Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessments which is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the "Common Areas" or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming 11 due from the lien thereof. Section 10. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein; (a) the "Common Areas"; (b) all properties dedicated to and accepted by a local public authority; and (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 11. Failure to Maintain "Common Areas": In the event that the Association, or its successors, shall fail to maintain the "Common Areas" in reasonable order and condition, the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is, by this reference, made a part hereof as if set out in full. A R T I C L E V I USE, RESTRICTIONS AND COVENANTS This Subdivision shall be subject to the following restrictions which are constituted covenants real to run with the land: SCULLY, THROCKMORTON ✓b GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 1. All Lots shall be used for single family residential purposes only. No garage nor carport shall be permitted on any Lot with the exception of those lots in which a garage was constructed in the basement thereof at the time of construction of the townhouse situate thereon. 2. No profession or home occupation shall be conducted in or on any part of a Lot; provided, however, that DECLARANT reserves the right to use one or more of said Lots for business purposes in 12 SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 connection with the development, sales and operation of said townhouse subdivision. 3. No signs or advertising of any nature shall be erected or maintained on any Lot except for sale signs for said Lot not to exceed five (5) square feet in area, or signs used by a builder to advertise the property during construction and sale. No "For Rent" signs shall be allowed on any Lot. 4. No exterior antennas, satellite dishes or similar devise shall be permitted on any Lot. 5. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles, motorcycles, pickup trucks, and 3/4 ton (or less) vans) shall be permitted on any Lot except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any Lot. Ownership of each Lot shall entitle the Owner thereof to the use of not more than two (2) vehicular parking spaces which shall be as near and convenient to said Lot as reasonably possible, together with the right of ingress and egress upon said Parking Area. The Association may take the necessary action to assign parking spaces to individual lots. 6. No vehicles shall be parked in an area other than the Parking Area designated on the attached plat, or in the driveways to the aforesaid townhouses with garages constructed in the basement thereof. 7. No animals of any kind (including livestock, poultry or birds) shall be permitted on any Lot, except that dogs, cats and other usual household pets may be kept, provided they are not kept, bred 13 SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER,VIRGINIA 22601 or maintained for commercial or charitable purposes or in unusual numbers; and further provided that no dogs shall be permitted to run at large or without restraint in said Subdivision. No dog may be tied and left unattended outdoors. 8. No fence or hedge shall be constructed or erected on any Lot in said Subdivision. 9. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 10. In the event that a dwelling is destroyed, the Owner of the dwelling within thirty (30) days from said destruction, shall clear away the remaining portion of the dwelling unit and maintain the Lot in a neat and orderly condition. No structure other than a townhouse of at least the same dimensions and architecture as the unit destroyed shall be constructed :in the place of the original unit. 11. Each Owner shall keep all Lots owned by him and all improvements therein or thereon in good order and repair and free of debris, including, but not limited to, the seeding, watering, and mowing of all lawns, the pruning and cutting of all trees and shrubbery (in the event that such duties are not undertaken and performed by the Association, as set forth hereinabove), and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. In the event an Owner of any Lot in Foxridge shall fail to maintain the premises and the improvements situated thereon as provided herein, the Association, after notice to the Owner as provided in the By -Laws and approval by two-thirds (2/3) vote 14 SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 by the Board of Directors, shall have the right to enter upon said Lot to correct drainage and to repair, maintain and restore the Lot and the exterior of the &building erected thereon. All cost related to such correction, repair or restoration shall become a special assessment upon such Lot. 12. The general rules of law regarding party walls and liability for property damages due to negligence or willful acts or omissions shall apply. The cost of reasonable repair and maintenance of a party wall shall be shared by the two (2) adjoining landowners, except to the extent the wall is not of use to one of the Owners. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has use of the wall may restore it and if the other Owners thereafter make use of the wall, they shall contribute to the cost of the restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligence or for willful acts or omissions. Notwithstanding any other provision of this Article, an Owner by his negligence or willful act causes a party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successor in title. 13. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary 15 SCULLY, THROCKMORTON 8: GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER,VIRGINIA 22601 condition in the rear. No refuse or any container for same shall be placed or stored in front of any townhouse, except on the date of garbage pickup. 14. No trees shall be planted nor other digging undertaken without first securing the approval of the local power company and without first being advised as to the location of all underground electrical and telephone wires. 15. No exterior clothes line or hanging device shall be permitted on any Lot. 16. The color of the paint on the exterior of every building on each Lot shall be the same as the original color. 17. No building, structure, addition nor exterior alteration (including basketball backboards, rims and nets) or improvements of any character shall be constructed upon any Lot or dwelling located thereon, except as exterior painting is permitted by the prior paragraph, unless the plan of construction, including quality of workmanship, design, colors and materials, shall have been approved in writing by the Foxridge Homeowners Association as being in harmony with the whole subdivision, especially the adjoining townhouse unit. 18. If in the construction of any dwelling by DECLARANT there occurs an encroachment, then such encroachment shall be deemed a perpetual easement for the benefit of the dominant Lot. 19. No Lot upon which a townhouse has been constructed shall be further subdivided or separated into smaller lots by any Owner and no portion less than all of such Lot, nor any easement or other interest herein, shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction, deeds to resolve 16 SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 boundary disputes and similar corrective instruments. 20. All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additional successive ten (10) year periods unless the Owners of a majority of Lots in Foxridge Subdivision shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 21. The DECLARANT herein reserves and shall have the right alone to waive any one or more of the restrictive covenants and conditions contained herein as to any Lot transferred by it except that it cannot change the use of any Lot from residential to commercial. This waiver shall not affect the binding effect of the covenants and conditions upon any other Lot. The DECLARANT further reserves the right alone to impose additional restrictive covenants and restrictions as to any Lot or Lots owned by it at the time of the imposition and such imposition shall not affect the binding effect of these provisions upon any other Lots. 22. The invalidation of any one of the covenants or restrictions contained herein by judgment or Court order shall in nowise affect any of the other provisions which shall remain in full force and effect. The failure of the Lot Owners or the DECLARANT herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. 17 A R T I C L E V I I EASEMENTS Section 1. Sewer and Water Easements: The property dedicated hereby is subject to that certain easement(s) or right(s) of way designated Sewer Easement/Water Easement on the aforesaid attached plat. The DECLARANT does hereby grant and convey unto the Frederick County Sanitation Authority a perpetual right of way or easement over the aforesaid rights of way for the installation and maintenance of water and sewer lines and any related facility designated on the aforesaid plat as Sewer/Water Easement. Section 2. Public Access and Utility Easements: The property dedicated hereby is subject to those certain easements designated Public Access and Utility Easements which are ten (10) feet in width along the front of the subject property as shown on the aforesaid attached plat. Section 3. Surface Drainage Easement: The property dedicated hereby is subject to those certain easements or rights of way designated Drainage Easement and Detention Pond on the aforesaid Final Master Development Plan of Foxridge for the purpose of surface water drainage easement. No structures of any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easements designated on the aforesaid plat. Said surface water drainage easements may not be altered or modified without the prior consent of the County of Frederick, and the DECLARANT does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easements and SCULLY, THROCKMORTON St GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 l SCULLY, THROCKMORTON 6 GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 detention pond for the purpose of so providing surface drainage. DECLARANT does further agree that the County of Frederick shall be under no obligation to maintain said surface drainage easements, provided, however, that in the event the Association fails to maintain said surface drainage easements, then, and in that event, the County of Frederick shall have the right to maintain the same and charge the Association pursuant to the provisions of ARTICLE V, Section 11, hereinabove. DECLARANT, for a period of five (5) years from the date of conveyance of the first Lot in Foxridge, reserves a blanket easement and right on, over and under the ground within that Subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the DECLARANT shall restore the affected property to its original condition as near as practical. The DECLARANT shall give reasonable notice of intent to take such action to all affected owners, unless in the opinion of the DECLARANT an emergency exists which precludes such notice. Section 4. Reservations: The DECLARANT reserves unto itself, their successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other facilities, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and along the strip ten (10) feet along the front of each Lot designated "Public Access and 19 I SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 Utility Easement" and over the "Common Areas", as needed, provided that such easement shall not interfere with the use and enjoyment of the "Common Areas". Section 5. Foxridge Lane: The DECLARANT further grants a right or right of way an give their consent to the ADDITIONAL DECLARANT to allow the ADDITIONAL DECLARANT the right to widen and improve Foxridge Lane and to alter said roadway per the plans that have been approved by Frederick County Planning Department and which are of record in the Frederick County Planning Department. Said purposed change is attached hereto and labeled Exhibit "A". The ADDITIONAL DECLARANT is to pay for the said road improve, widening and altering. If necessary the DECLARANT, their successors and assigns, agree to join in any document to assist the ADDITIONAL DECLARANT with the purposed change. A R T I C L E V I I I GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now, or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which the Association, its successors or assigns, or any Owner shall incur in the enforcement of the restrictions, conditions, covenants, reservations, liens and charges, nor or hereafter imposed, shall be borne by the party against which action is taken and which 20 } � f SCULLY, THROCKMORTON 81 GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER,VIRGINIA 22601 costs shall include reasonable attorney's fees, costs, and damages. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or Court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter, by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be properly recorded. Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created or for general welfare of the residents of Foxridge. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the Members of the Association as tenants in common. The Dedication and Subdivision of the land as shown on 21 SCULLY, THRGCKMORTON GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 the attached plat is with the free consent and in accordance with the desire of the undersigned DECLARANT, Proprietors, Trustee and Beneficiary of the land being subdivided, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia. The County of Frederick, Virginia, by the signature of its agents on the attached plat, do accept the dedications to public domain of the land and easements herein described as such. The designated "Common Areas" are not dedicated hereby for use by the general public but are dedicated to the common use and enjoyment of the homeowners in Foxridge as provided hereinabove. WITNESS the following signatures and seals: A, RA4o-a e-a DONALD A. RUSSO _�1 K - I n L AMIN .OY. BUTI,7MR, Trustee /FIRST AM ICAN BA Y OF VIRGINIA / A / RUSSON, a Vir inia Partnership BY: §;k, H. RUSS POTT , general partner BY: ELBERT E. IBE , JR., general partner 22 r STATE OF VIRGINIA CITY/GXJZM OF WINCHESTER , To -wit: I, M. F. McLaughlin , a Notary Public in and.for the aforesaid jurisdiction, do hereby certify that DONALD A. RUSSO, whose name is signed to the foregoing document bearing date of 29th day of March , 1991, has personally appeared before me and acknowledged the same. Given under my hand this 12th day of April 1991. My commission expi STATE OF VIRGINIA CITY/GXWM OF WINCHESTER , To -wit: I� M. F. McLaughlin , a Notary Public in and for the aforesaid jurisdiction, do hereby certify that I LINDA H. RUSSO, whose name is signed to the foregoing document bearing date of 29th day of March 1991, has personally appeared before me and acknowledged the same. Given under my hand this 12th day of April , 1991. SCULLY, THROCKMORTON 6 GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 My commission expir s Se to ber•30, 1993 Not y P lic 23 STATE OF VIRGINIA CITY/OaM=Z OF Winchester , To -wit: I, M. F. McLaughlin , a Notary Public in and for the aforesaid jurisdiction, do hereby certify that BENJAMIN M. BUTLER, Trustee, whose name is signed to the foregoing document bearing date of 29th day of March 1991, has personally appeared before me and acknowledged the same. 1991. Given under my hand this 12th day of April , My commission expirgs September 30,,b993 ota y Pubjic STATE OF VIRGINIA CITY/COUNTY OF Frederick , To -wit: I, Tami C. Estes , a Notary Public in and for the aforesaid jurisdiction, do hereby certify that J. Andrew Hershey , an duly authorized officer of FIRST AMERICAN BANK OF VIRGINIA, whose name is signed to the foregoing document bearing date of 29th day of March , 1991, has personally appeared before me and acknowledged the same. 1991. SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 Given under my hand this 29th day of March , My commission expires May 31, 1993 I& ro Notary Public 24 '0; 0 STATE OF VIRGINIA CITY/959XTY OF WINCHESTER , To -wit: I, M. F. McLAUGHLIN , a Notary Public in and for the aforesaid jurisdiction, do hereby certify that DELBERT E. SIBERT, JR., general partner in RUSSON, a Virginia partnership, whose name is signed to the foregoing document bearing date of 29th day of March , 1991, has personally appeared before me and acknowledged the same. Given under my hand this 12th day of April , 1991. SCULLY, THROCKMORTON St GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 My commission expir s Sept mber 30 19%9y/// No ary blic 25 SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW ISOUTH KENT STREET 'INCHESTER, VIRGINIA 22601 I�IY - 9 1991 B K 7 S 11 ►-0356 THIS DEED OF DEDICATION, made and dated this 2.9 day , 1991, by and between DONALD A. RUSSO and LINDA H. RUSSO, parties of the first part, hereinafter called the DECLARANT, whether one or more, and COUNTY OF FREDERICK,VIRGINIA, party of the second part, and BENJAMIN M. BUTLER, Trustee, party of the third part, and FIRST AMERICAN BANK OF VIRGINIA, Beneficiary, party of the fourth part, and RUSSON, a Virginia Partnership, party of the fifth part, hereinafter called ADDITIONAL DECLARANT. WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the attached plat drawn by Douglas C. Legge, C.L.S., dated January 15, 1991, known as Foxridge, which property is further described on the Final Master Development Plan of Foxridge as in the Office of the Frederick County Department of Planning and Development. This is a portion of the real estate conveyed to the DECLARANT by two (2) deeds, the first dated December 21, 1990, from Earl S. Bailey, Jr., et ux of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 754, at Page 1121, and the second dated December 19, 1990, from Michael D. Carpenter, et ux, of record in the aforesaid Clerk's Office in Deed Book 754, at Page 1126; and, WHEREAS, the property is subject to a Deed of Trust, dated December 21, 1990, of record in the aforesaid Clerk's Office in Deed Book 754, at Page 1133, to secure First American Bank of Virginia, a certain indebtedness described therein; and, WHEREAS, said real estate, as shown on the aforesaid attached plat, has been subdivided into lots for the construction of townhouses thereon, and the attached plat shows accurately the metes and bounds of the subdivided land, together �wr�' i�a�"� �� F�1 �� � Blti501'G0'57 with the dimensions of each lot thereof and also shows certain surrounding lands in said Subdivision to be used as common open space, parking areas, drainage easement, buffer protection easement, water and sewer easement, and utility easement and public access easement to said lots, all of which shall constitute a portion of that development known as Foxridge and which common open space and parking areas shall be owned and maintained by the Foxridge Homeowners Association upon the terms and conditions set forth hereinafter; and, WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known as Foxridge. The subdivision of said real estate, as it now appears on the aforesaid attached plat, is with the free consent and in accordance with the desires of the undersigned DECLARANT, Trustee and Beneficiary, and the parties hereto further desire to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication; and, WHEREAS, The ADDITIONAL DECLARANT, Russon, a Virginia Partnership is the owner of a tract or parcel of land containing 5.42 acres, and described as Parcel A in that certain deed of conveyance from KENRAY, a Virginia Partnership, dated April 8, 1988 to Russon and of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 677, at Page 263; and, WHEREAS, by a previous agreement Russon agreed to dedicate a portion of the 5.42 acre parcel as an entrance way for the proposed Foxridge Land for public access for ingress and egress. SCULLY, 2 THROCKMORTON GLASS ATTORNEYS AT LAW 20SOUTH KENTSTREET WINCHESTER, VIRGINIA 22601 Blt(J358 NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANT does hereby subdivide, grant and dedicate in fee simple all of ,,that certain tract or parcel of land designated as Foxridge lying and being situate in Gainesboro Magisterial District, !'Frederick County, Virginia, and being more particularly described by the aforesaid plat of Douglas C. Legge, C.L.S., dated January 15, 1991, attached hereto and made a part hereof ;and by this reference incorporated herein as if set out in full, and which plat is drawn in conformity with the final master development plan for Foxridge on file in the Office of the Frederick County Department of Planning and Development. This is the same real estate conveyed to Donald A. Russo and Linda H. Russo, said deeds of record in the aforesaid Clerk's Office in Deed Book 754, at Page 1121, and Deed Book 754, at Page 1126. For and in consideration of the premises and the benefits which will accrue by reason of this dedication the ADDITIONAL DECLARANT does hereby grant and dedicate in fee simple all that certain tract or parcel of land that is depicted by dashed lines on that certain plat and survey of Douglas C. Legge, C.L.S., dated December 27, 1990 and attached to that certain Right of Way Agreement and Agreement to Dedicate dated January 16, 1991 and recorded in aforementioned Clerk's Office in Deed Book 757, at Page 1762 by this reference made a part hereof as if set out in ;full. Said dedication of land is for the purpose of an entrance for Foxridge Lane on Fox Drive also known as Virginia Secondary Route 739. Both the DECLARANT and ADDITIONAL DECLARANT herein further SCULLY, 3 THROCKMORTON a GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET NINCHESTER, VIRGINIA 22601 BI,k 59[-f-[)359 dedicate the entrance of Foxridge Lane off of Fox Drive and the first three hundred (3001) feet of Foxridge Lane from Fox Drive to the public for ingress and egress. All of the lots shown on the plat attached hereto shall be subject to the following restrictions and covenants and Articles which are covenants running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. A R T I C L E I DEFINITIONS Section 1. "Association" shall mean and refer to Foxridge Homeowners Association, Inc., a non stock Virginia Corporation, its successors and assigns. Section 2. "Common Areas" shall mean and refer to that certain real property hereinabove described as common open space and parking areas, and such additions thereto as may hereafter be brought within the jurisdiction of the Corporation. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of Foxridge with the exception of the common areas space and parking areas. Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 5. "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Foxridge as shown on the attached plat, including contract sellers, but excluding those having such interest merely as security for the performance of SCULLY, 4 THROCKMORTON GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET NINCHESTER,'V IRGINIA 22601 SCULLY, THROCKMORTON a GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 61�f5�'''�'03C0 an obligation. Section 6. "DECLARANT" shall mean and refer to Donald H. Russo and Linda H. Russo, their successors and assigns. Section 7. "ADDITIONAL DECLARANT" shall mean and reference to RUSSON, it's successors and assigns. A R T I C L E I I MEMBERSHIP Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Only one membership shall be accorded per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. A R T I C L E I I I VOTING RIGHTS Each Member of the Association shall have one vote for each lot owned in which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. BOARD OF DIRECTORS The affairs of the Association shall be managed by a 61 SCULLY, THROCKMORTON m GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 8K7S31'.(1` ►361 Board of not less than three (3), but no more than nine (9) directors, who must be members of the Association. The initial Board of Directors shall be appointed by the Association and serve until the first annual meeting following conveyance of the ii first Lot in Foxridge; thereafter, the Board of Directors shall be elected by the Membership as determined in the By -Laws of the Association. TREASURER The Treasurer of the Association shall be bonded, with the expense of such a fidelity bond for said officer to be borne 11 by the Association. A R T I C L E I V PROPERTY RIGHTS IN COMMON PROPERTIES Section 1. Members' Easements of Enjoyment: Every Member shall have a right and easement of enjoyment in and to the "Common Areas", specifically including but not limited to the rights of ingress and egress across the aforesaid "Common Areas" and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The rights of the Association, in accordance with its Articles and By -Laws, to borrow money for the purpose of improving the aforesaid "Common Areas" and in aid thereof to mortgage said property and the rights of such mortgagee in said "Common Areas" shall be subordinate to the rights of the Homeowners hereunder. (b) The rights of the Association to suspend the voting rights and the right to the use of the "Common Areas" by a Member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 0 SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET NINCHESTER, VIRGINIA 22601 B62 thirty (30) days for any infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the "Common Areas" to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every Member not less than twenty-five (25) days nor more than fifty (50) days in advance. Section 2. Delegation of Use: Any Member may delegate, in accordance with the By -Laws, his right of enjoyment to the "Common Areas" to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the "Common Areas": The DECLARANT hereby covenants for their heirs and assigns, that Donald Russo and Linda Russo will convey fee simple title to the common open space and parking areas, (referred to hereinabove as the "Common Areas") to the Association, immediately after fifty (50%) percent of the lots are sold. A R T I C L E V COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The DECLARANT, for each Lot owned, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, 7 BK75P 363 such assessments to be fixed, established, and collected from . time to time as hereinafter provided. The annual assessments and special assessments, together with such interest thereon and 'costs of collection thereof, as hereinafter provided, shall be a !icharge on the land and shall be a continuing lien upon the property against which each such interest, costs and reasonable attorneys fee, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fee was due. The personal obligation shall not pass ,to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the following purposes, to -wit: Improvements and maintenance of the "Common Areas", specifically including, but not limited to, payment of real estate taxes, repairs, snow removal, storm drainage repair, maintenance of street lights and payment of all utility charges therefor, and service and facilities devoted to the aforesaid purposes and related to the use of and enjoyment of the "Common Areas"; for the maintenance of shrubbery and lawns, including the mowing of all lawns of all lots in Foxridge, for streets, parking area maintenance and storm water detention facility maintenance; and further, for the purpose of promoting the recreation, health, safety and welfare of the residents of the "Common Areas" of Foxridge. Section 3. Basis and Maximum of Annual Assessments: Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be Two Hundred Dollars ($200.00) per year per Lot; (a) From and after January 1 of the year immediately following the SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER,VIRGINIA 22601 conveyance of the first Lot to an Owner, the maximum annual assessment per Lot may be increased above that set forth hereinabove by a vote of the Members for the next succeeding year and at the end of each year's period, for each succeeding period of one (1) year, provided that any such change shall have the assent of two-thirds (2/3) of the votes of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (b) After consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the "Common Areas", including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two- thirds (2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than SCULLY, 9 THROCKMORTON IL GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER,VIRGINIA 22601 BKr71?365 thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Section 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all ,Lots and may be collected on a monthly basis. Section 6. Quorum for any Action Authority Under !jSections 3 and 4: At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members or of proxies entitled to cast sixty-seven percent (67%) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assessments: DUE DATE: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the first Lot to an Owner. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association setting forth whether SCULLY, 10 THROCKMORTON b GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER,VIRGINIA 22601 SCULLY, THROCKMORTON 8& GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 0 K 7 5 �11 I"""0J066 the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of ;'payment of any assessment therein stated to have been paid. Said 11assessment shall not apply to any unsold lot retained by the 'DECLARANT if DECLARANT has said lots for sale. j Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessments which is not ,paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the "Common Areas" or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot from liability for any assessments thereafter becoming 11 0 BKT5P11'GOa67 due from the lien thereof. Section 10. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein; (a) the "Common Areas"; (b) all properties dedicated to and accepted by a local public authority; and (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 11. Failure to Maintain "Common Areas": In the event that the Association, or its successors, shall fail to maintain the "Common Areas" in reasonable order and condition, the County of Frederick may take such action as authorized by the Frederick County Zoning Ordinance. The Frederick County Zoning Ordinance is, by this reference, made a part hereof as if set out in full. A R T I C L E V I USE, RESTRICTIONS AND COVENANTS This Subdivision shall be subject to the following restrictions which are constituted covenants real to run with the land: SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER,VIRGINIA 22601 1. All Lots shall be used for single family residential purposes only. No garage nor carport shall be permitted on any Lot with the exception of those lots in which a garage was constructed in the basement thereof at the time of construction of the townhouse situate thereon. 2. No profession or home occupation shall be conducted in or on any part of a Lot; provided, however, that DECLARANT reserves the right to use one or more of said Lots for business purposes in 12 SCULLY, THROCKMORTON 8 GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER,VIRGINIA 22601 BE(759fG0368 connection with the development, sales and operation of said townhouse subdivision. 3. No signs or advertising of any nature shall be erected or maintained on any Lot except for sale signs for said Lot not to exceed five (5) square feet in area, or signs used by a builder to advertise the property during construction and sale. No "For Rent" signs shall be allowed on any Lot. 4. No exterior antennas, satellite dishes or similar devise shall be permitted on any Lot. 5. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles, motorcycles, pickup trucks, and 3/4 ton (or less) vans) shall be permitted on any Lot except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any Lot. Ownership of each Lot shall entitle the Owner thereof to the use of not more than two (2) vehicular parking spaces which shall be as near and convenient to said Lot as reasonably possible, together with the right of ingress and egress upon said Parking Area. The Association may take the necessary action to assign parking spaces to individual lots. 6. No vehicles shall br, narked in an area other than the —king Area designated on the at .cpied plat, or in the driveways t the aforesaid townhouses `th garages constructed in the bas-'Wient thereof. 7. No animals of any kind (including livestock, poultry or birds) shall be permitted on any Lot, except that dogs, cats and other usual household pets may be kept, provided they are not kept, bred 13 SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 or maintained for commercial or charitable purposes or in unusual numbers; and further provided that no dogs shall be permitted to run at large or without restraint in said Subdivision. No dog may be tied and left unattended outdoors. 8. No fence or hedge shall be constructed or erected on any Lot in said Subdivision. 9. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 10. In the event that a dwelling is destroyed, the Owner of the dwelling within thirty (30) days from said destruction, shall clear away the remaining portion of the dwelling unit and maintain the Lot in a neat and orderly condition. No structure other than a townhouse of at least the same dimensions and architecture as the unit destroyed shall be constructed :in the place of the original unit. 11. Each Owner shall keep all Lots owned by him and all improvements therein or thereon in good order and repair and free of debris, including, but not limited to, the seeding, watering, and mowing of all lawns, the pruning and cutting of all trees and shrubbery (in the event that such duties are not undertaken and performed by the Association, as set forth hereinabove), and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. In the event an Owner of any Lot in Foxridge shall fail to maintain the premises and the improvements situated thereon as provided herein, the Association, after notice to the Owner as provided in the By -Laws and approval by two-thirds (2/3) vote 14 SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 2MI eEc75,113 70 by the Board of Directors, shall have the right to enter upon said Lot to correct drainage and to repair, maintain and restore the Lot and the exterior of the &building erected thereon. All cost related to such correction, repair or restoration shall become a special assessment upon such ,I Lot. 12. The general rules of law regarding party walls and liability for property damages due to negligence or willful acts or omissions shall apply. The cost of reasonable repair and maintenance of a party wall shall be shared by the two (2) adjoining landowners, except to the extent the wall is not of use to one of the Owners. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has use of the wall may restore it and if the other Owners thereafter make use of the wall, they shall contribute to the cost of the restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligence or for willful acts or omissions. Notwithstanding any other provision of this Article, an Owner by his negligence or willful act causes a party wall to be exposed to the elements shall bear the whole cost of f?zr_nishing the necessary protection against such elements. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successor in title. 13. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary 15 SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET NINCHESTER,VIRGINIA 22601 SK759FG,0371 condition in the rear. No refuse or any container for same shall be placed or stored in front of any townhouse, except on the date of garbage pickup. 14. No trees shall be planted nor other digging undertaken without i first securing the approval of the local power company and without j; first being advised as to the location of all underground electrical and telephone wires. 15. No exterior clothes line or hanging device shall be permitted on any Lot. 16. The color of the paint on the exterior of every building on each Lot shall be the same as the original color. 17. No building, structure, addition nor exterior alteration (including basketball backboards, rims and nets) or improvements of any character shall be constructed upon any Lot or dwelling located thereon, except as exterior painting is permitted by the prior paragraph, unless the plan of construction, including quality of workmanship, design, colors and materials, shall have been approved in writing by the Foxridge Homeowners Association as being in harmony with the whole subdivision, especially the adjoining townhouse unit. 18. If in the construction of any dwelling by DECLARANT there occurs an encroachment, then such encroachment shall be deemed a perpetual easement for the benefit of the dominant Lot. 19. No Lot upon which a townhouse has been constructed shall be further subdivided or separated into smaller lots by any Owner and no portion less than all of such Lot, nor any easement or other interest herein, shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction, deeds to resolve 16 SCULLY, THROCKMORTON 8 GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 BKZ5'1f1P,0JO 2 boundary disputes and similar corrective instruments. 20. All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additional successive ten (10) year periods unless the Owners of a majority of Lots in Foxridge Subdivision shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 21. The DECLARANT herein reserves and shall have the right alone to waive any one or more of the restrictive covenants and conditions contained herein as to any Lot transferred by it except that it cannot change the use of any Lot from residential to commercial. This waiver shall not affect the binding effect of the covenants and conditions upon any other Lot. The DECLARANT further reserves the right alone to impose additional restrictive covenants and restrictions as to any Lot or Lots owned by it at the time of the imposition and such imposition shall not affect the binding effect of these provisions upon any other Lots. 22. The invalidation of any one of the covenants or restrictions contained herein by judgment or Court order shall in nowise affect any of the other provisions which shall remain in full force and effect. The failure of the Lot Owners or the DECLARANT herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. 17 Btt ( U 3 / 3 A R T I C L E V I I EASEMENTS Section 1. Sewer and Water Easements: The property dedicated hereby is subject to that certain easement(s) or ,right(s) of way designated Sewer Easement/Water Easement on the i ,,aforesaid attached plat. The DECLARANT does hereby grant and i 'convey unto the Frederick County Sanitation Authority a .perpetual right of way or easement over the aforesaid rights of way for the installation and maintenance of water and sewer lines and any related facility designated on the aforesaid plat as Sewer/Water Easement. Section 2. Public Access and Utility Easements: The property dedicated hereby is subject to those certain easements designated Public Access and Utility Easements which are ten (10) feet in width along the front of the subject property as shown on the aforesaid attached plat. Section 3. Surface Drainage Easement: The property dedicated hereby is subject to those certain easements or rights of way designated Drainage Easement and Detention Pond on the aforesaid Final Master Development Plan of Foxridge for the purpose of surface water drainage easement. No structures of any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easements designated on the aforesaid plat. Said surface water drainage easements may not be altered or modified without the prior consent of the County of Frederick, and the DECLARANT does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easements and SCULLY, 18 THROCKMORTON a GLASS ATTORNEYS AT LAW 20SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 U BK7;;nI1;0 3 71 detention pond for the purpose of so providing surface drainage. DECLARANT does further agree that the County of Frederick shall be under no obligation to maintain said surface drainage easements, provided, however, that in the event the Association fails to maintain said surface drainage easements, then, and in that event, the County of Frederick shall have the right to maintain the same and charge the Association pursuant to the provisions of ARTICLE V, Section 11, hereinabove. DECLARANT, for a period of five (5) years from the date of conveyance of the first Lot in Foxridge, reserves a blanket easement and right on, over and under the ground within that Subdivision to maintain and correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the DECLARANT shall restore the affected property to its original condition as near as practical. The DECLARANT shall give reasonable notice of intent to take such action to all affected Owners, unless in the opinion of the DECLARANT an emergency exists which precludes such. notice. Section 4. Reservations: The DECLARANT reserves unto itself, their successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other facilities, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and along the strip ten (10) feet along the front of each. Lot designated "Public Access and SCULLY. 19 THROCKMORTON m GLASS ATTORNEYS AT LAW 0 SOUTH KENT STREET VINCHESTER, VIRGINIA 22601 Utility Easement" and over the "Common Areas", as needed, provided that such easement shall not interfere with the use and enjoyment of the "Common Areas". Section 5. Foxridge Lane: The DECLARANT further grants i a right or right of way an give their consent to the ADDITIONAL !IDECLARANT to allow the ADDITIONAL DECLARANT the right to widen h and improve Foxridge Lane and to alter said roadway per the plans that have been approved by Frederick County Planning Department and which are of record in the Frederick County Planning Department. Said purposed change is attached hereto and labeled Exhibit "A". The ADDITIONAL DECLARANT is to pay for the said road improve, widening and altering. If necessary the DECLARANT, their successors and assigns, agree to join in any document to assist the ADDITIONAL DECLARANT with the purposed change. A R T I C L E V I I I GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors or assigns, or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now, or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which the Association, its successors or assigns, or any Owner shall incur in the enforcement of the restrictions, conditions, covenants, reservations, liens and charges, nor or hereafter imposed, shall be borne by the party against which action is taken and which. SCULLY, 2 0 THROCKMORTON 6 GLASS ATTORNEYS AT LAW 00SOUTH KENT STREET VINCHESTER,VIRGINIA 22601 . a x +; 113 7 6 costs shall include reasonable attorney's fees, costs, and damages. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or Court order shall j in no way affect any other provision which shall remain in full force and effect. I I Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter, by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be properly recorded. Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created or for general welfare of the residents of Foxridge. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the Members of the Association as tenants in common. The Dedication and Subdivision of the land as shown on SCULLY, 2 1 THROCKMORTON m GLASS ATTORNEYS AT LAW Z SOUTH KENT STREET VINCHESTER,VIRGINIA 22601 { " + SCULLY, THROCKMORTON 6 GLASS ATTORNEYS AT LAW ?0SOUTH KENT STREET NINCHESTER,VIRGINIA 22601 81(750 377 the attached plat is with the free consent and in accordance with the desire of the undersigned DECLARANT, Proprietors, Trustee and Beneficiary of the land being subdivided, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of ;Frederick, Virginia. The County of Frederick, Virginia, by the signature of its agents on the attached plat, do accept the dedications to public domain of the land and easements herein described as such. The designated "Common Areas" are not dedicated hereby for use by the general public but are dedicated to the common use and enjoyment of the homeowners in Foxridge as provided hereinabove. WITNESS the following signatures and seals: DONALD A. RUSSO L i' H. RUSSO AMIN .ICY. BUfiLrR, Tfustee FIRST AMERICAN BANK OF VIRGINIA RUSSON, a Virginia Partnership BY: H. RUSS POTTS, general partner i 9 BY: t"1�1r t'Jf(i DELBERT 'E. 'SIBE4!J1JR. , general partner 22 g�►75?�',r�373 STATE OF VIRGINIA CITY/aOMM OF WINCHESTER , To -wit: I, M. F. McLaughlin , a Notary Public in and for the aforesaid jurisdiction, do hereby certify that DONALD A. RUSSO, whose name is signed to the foregoing document bearing date of 29th day of March , 1991, has personally appeared before me and acknowledged the same. Given under my hand this 12th day of April , 1991. My commission expir _eptember 0, 1993\-, r Aotary PU STATE OF VIRGINIA CITY/G= OF WINCHESTER , To -wit: I� M. F. McLaughlin , a Notary Public in and for the aforesaid jurisdiction, do hereby certify that LINDA H. RUSSO, whose name is signed to the foregoing document bearing date of 29th day of March , 1991, has personally appeared before me and acknowledged the same. 1991. Given under my hand this 12th day of April , My commission expires Se te. ber 30, 1993 j X61 Not y Phi lic' 'g i � I�1 SCULLY, 2 3 THROCKMORTON GLASS ATTORNEYS AT LAW D SOUTH KENT STREET VINCHESTER, VIRGINIA 22601 BlcT�C�,70'TS STATE OF VIRGINIA CITY/03MUIM OF Winchester , To -wit: I, M. F. McLaughlin , a Notary Public in and for the aforesaid jurisdiction, do hereby certify that BENJAMIN M. BUTLER, Trustee, whose name is signed to the ii foregoing document bearing date of 29th day of March 1991, has personally appeared before me and acknowledged the same. Given under my hand this 12th day of April , 1991. d ! My commission expir Se t mber)) 30 1)993 �. Pota y Pu}j i�" e- STATE OF VIRGINIA CITY/COUNTY OF Frederick , To -wit: I, Tami C. Estes , a Notary Public in and for the aforesaid jurisdiction, do hereby certify that J. Andrew Hershey , an duly authorized officer of FIRST AMERICAN BANK OF VIRGINIA, whose name is signed to the foregoing document bearing date of 29th day of March , 1991, has personally appeared before me and acknowledged the same. Given under my hand this 29th day of March , 1991. My commission expires May 31, 1993 c, `\ ��`• �' lam -Notary P1V- SCULLY, 2 4 THROCKMORTON GLASS ATTORNEYS AT LAW 10 SOUTH KENT STREET NINCHESTER, VIRGINIA 22601 STATE OF VIRGINIA CITY/959XTY OF WINCHESTER I, M. F. McLAUGHLIN BK75%'1 0380 To -wit: , a Notary Public in and for the aforesaid jurisdiction, do hereby certify that DELBERT E. SIBERT, JR., general partner in RUSSON, a Virginia i' partnership, whose name is signed to the foregoing document bearing date of 29th day of March , 1991, has personally appeared before me and acknowledged the same. Given under my hand this 12th day of April , 1991. My commission expir s September 30 . 1993 No ary blic T;;' If. ` SCULLY, 25 THROCKMORTON GLASS ATTORNEYS AT LAW 10 SOUTH'ENT STREET NINCHESTER, VIRGINIA 22601 U B n P -J' L 37 J h H' &h 966 Av N— <994 A. k• OS r FortQY .• 4, 'ftCh J*r'*�, y # VICIDNirr 725 SCALEA" FINAL PLAT FOXRIDGE GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA APPROVED BY FRED. CO. SANITATION AUTHORITY DATE FRED. CO. PLANNING COMMISSION DATE FRED. CO. SUBDIVISION ADMINISTRATOR DATE VA DEPT. OF TRANSPORTATION DATE OWNER'S CERTIFICATE The above and foregoing subdivision of the land of Donald A. Russo and Linda H. Russo, as appears In the accompanying plat, Is with the consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, If any. All property owners In Foxridge are required to belong to the Foxridge Home Owners Association. The Association Is the owner of all areas shown as Parking Area and Open Space on the attached plat and Is responsible for the maintenance of those areas. All property owners must pay an annual assessment to pay for this maintenance. This fee and all other rules of the Association are set forth In the Restrictions and Covenants attached hereto. A copy of the Final Master Development Plan for Foxridge Is on file at the Frederick County Department of Planning and development. SURVEYOR'S CERTIFICATE I hereby certify that the land contained In this subdivision is the same land conveyed to Donald A. Russo and Unda H. Russo by deed dated 19 December 1990 and 21 December 1990, said deeds recorded In the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 754 at Page 1126 and Deed Book 754 at Page— 1 121 respectively. C Douglas C. Legge, C.L.S. if DOUGLAS C. LEGGE DATE: JANUARY 15, 1991 COVER SHEET WITIFICATE NO. 10 gilbert w. oliffo I associates, inc. Sheet I Basin"" - Law Plana of LANO SJSurvoyors 150-C am@ 0..=.kb D.W. no,, - Ca ft" 3 ftdWWkWqj. vask" =401 CM) M411I WWAMt. Vhal" 33601 (303) "7-2130 1 shoot 3 S•0 P ARINS EA 35 g0 ..1 TATEY739 R0U7E S FOX DRIVE 40,0 o�y1 DOUGLAS C. LEGGE CERTIFICATE NO. s LAN 5 ICE 00 `�35 -p�B O �0 ZD � • ,. �� r POKING 0� AREA ; • I� � / jj R1 / I, o 5• . 00 20 00 20,0 Z/ c z e LA � •1 �. 09 N SpAGE. ' OpE N IF ADAMS ,. • .. 1 g5.01 BAEY ` �\ 7- MAT '8 SINE NOTES: 1. Minimum front setback requirement Is 20 feet. 2. All roadways within this development shall be maintained by the Foxridge Home Owners Association. 3. Each lot Is subject to a 10' Public Access and Utility Easement along the front property line and a 10' Open Space/Ingress-Egress Easement along the rear property line. Each end lot is additionally subject to a 8' Open Space/ingress Egress Easement along the non-party wall side property line. FOXRIDGE DATE: JANUARY 15, 1991 1 SCALE: 1"=50' gilbert w. cliffor associates, inc. 8D°imers - Land Planners Surveyors MC Me °nwloh D k,. hWWk.aaa. Vk$10" 2201 (M) 1044113 2W Nr! Ch a avr MY.huw. Vks" 22401 (103) M7417i Sheet 2 of 3 36 56 , ° �qo \ 'P 0 �O lnt Z y zi\ 2y OPEN 0°(�1 yo 78 35. �1 `moo � 100 oi0 20 00 p�Eio�� a• `C13o \ N SQ Q� Qq a N `s O 2 N ,�$ 1 o Co- s �/ GOUR 1, s \���;o / 0 `• �ARKiNG N Op 20 � W \�0 Z a{ AREP 'LO • � o c1r QO, � \ rn Ta CP AREA SUMMARY Area in Lots 1.570 Acres Area in Parking 0.963 Acres Area in Open Space 1,367 Acres Total Area Subdivided 3.900 Acres No. of Lots 28 Average Lot Size 2,443 Sq. Ft. cZ to 0 NOTES: 1. Minimum front setback requirement is 20 feet. 2. All roadways within this development shall be maintained by the Fokridge Home Owners Association. 3. Each lot is subject to a 10' Public Access and Utility Easement along the front property line and a 10' Open Space/Ingress-Egress Easement along the rear property line. Each end lot is additionally subject to a 8' Open Space/ingress Egress Easement along the non-party will side property line. FOXRIDGE DOUGLAS C. LEGGE DATE: JANUARY 15, 1991 SCALE: V=50' CERTIFICATE NO. > gilbert w. cliffor associates, inc. Sheet 3 X'Aa' g Plannerss rs - Land r,a, of 1r4NU ar...surveyors 3 uac Oft kn 7Mre W Rene ctierre° and It�meeow& V&SWA XMI (M) NI Meeoeenff, Vesld. 22601 (703) 6074130 FLM)FE �"�o I} R(W LINE � Ln 0!; h i t, A UJI 5 O + -4 0A r4 0 - 3 03 'ADDITIONAL 'Irn 0 r_--_ C." 03 -41 r WIDENING Irl co EXISTING EXISTING JGRESS/EGRESS INGRESS/EGRE EASEMENT EASEMENT ± 8' ADDITIONAL DEDICATION REWIRED J L-1 0 f 6' :777 EXHIBIT "A" SITE PLAN PROPOSAL FUTURE PROPOSAL SCALE: 50' SCALE: 50- VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on the dey with certificate of acknowledgment thereto annexed was admitted to record. CLERK QMJ) % . i Janet xa67 �,. 966 Stinm 7 '� l tT .T11� • t ! •• •r � ' 99c 31 - • •.,!• ! . JrifQQLy 0S r Fort • •.7P/rnch terr`• ` •EI � • • t\\ 9 / ystde a •747 11 Q 850 U • (' \ • . 11 . • •--, p ! ' •' - VICINTTY IrIAP ,1 ;. SCALEA FINAL PLAT FOXIZIDGE GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA APPROVED BY FRED. CO. SANITATION AUTHORITY DATE FRED. CO. PLANN94G COMMISSION DATE -2 FRED. CO. SUBDIVISION ADMINISTRAT DAZE _ 2 2 VA. DEPT. OF TRANSPORTATION DATE 9i OWNER'S CERTIFICATE The above and foregoing subdivision of the land of Donald A. Russo and Linda H. Russo, as appears in the accompanying plat, is with the consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any. All property owners In Foxridge are required to ,belong to the Foxridge Home Owners Assec aWn. The Association is the owner of all areas shown as Parking Area and Open Space on the attached plat and is responsible for the maintenance of those areas. All property owners must pay an annual assessment to pay for this maintenance. This fee and all other rules of the Association are set forth in the Restrictions and Covenants attached hereto. A copy of the Final Master Development Plan for Foxridge is on file at the Frederick County Department of Planning and development. SURVEYOR'S CERTIFICATE I hereby certify that the land contained In this subdivision is the same land conveyed to Donald A. Russo and Linda H. Russo by deed dated 19 December 1990 and 21 December .1990, said deeds recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 754 at Page 1126 and Deed Book 754 at Page 1121 respectively. Fcsa Douglas C. Legge, C.L.S. DOUGLAS C. LEGGE DATE: JANUARY 15, 1991 COVER SHEET MIFI;ATE NO. Silbert w. Qliffo associates, inc. Sheet kill0 1 Uao $ ' Q.3 t10-C ow OnwW'O.iA• gee ws ... sr.s ftWWWk M& Vkabb 724K (m) W4115 MYoWr. Vkaiak 22401 (AO) eQd13P . 14S to z/ \ 17- LAS W \ 1t$ SPACE . 35 •1 V O a v J O W CS o O o�1 10 5 aROL)TE 739 STATE FOXDRIVE DWOLAS C. LEGGE '" CERTIFICATE NO. 6ak2 . uN0 17 P4� RT / -,-- co.;---y �►ty c,,.t / _ �n 20• 'V \ . BAILEY AF DAMS MOTES: 1. 1Hninwxn front saftm* requirement is 20 het. 2. All roadways within his development shall be maintained by the Fozridge Home Owners Assoolatlon. 3. Each lot is subject to a 10' Pubilc Access and Utility Easement along the front property line and a 10' Open Space/Ingress-Egress Easement along the rear property line. Each and lot is additionally suboot to a S' Open Space/ingress Egress Easement along the non-party wall sloe property Iinq FOXRIDGE DATE: JANUARY 15, 1991 1 SCALE: 1 "=50' Silbert w. cliffor associates, inc. Busio n - Lnd eLnu.n survoyors uaC Oa. ONO." ai.0 wb*MK. v� XM 3a. M Sheet 2 of 3 i , c / SOUR IGC % 1 W19 0-:l \�CP/ Z \ i; PREP 20 \ a �$ Qn !a \ rn M o 50 3. 00 . -a 0� 000 C ' 50 Sheet 2 AREA SUMMARY NOTES: Area in Lots 1.570 Acres 1. Minimum front setback requirement is 20 feet. Area in Parking 0.963 Acres 2. All roadways within this development shall be maintained by Area in Open Space 1,367 Acres the Foxridge Home Owners Association. 3. Each lot is subject to a 10' Public Access and Utility Total Area Subdivided 3.900 Acres Easement along the front property line and a 10' Open No. of Lots 28 Space/Ingress-Egress Easement along the rear property line. Average Lot Size 2,443 Sq. Ft. Each end lot is additionally subject to a 8' Open Space/Ingress Egress Easement along the non-party wall side property line. FOXRIDGE DOUGLAS C. LEGGEDDATE: JANUARY 15, 1991 SCALE: V=50' CERTIFICATE NO. 1 Sheet gilbert w. cliffor & associates, inc. 3 s Engineers - Land Planners of LAN Q Surveyors 110-C Old. Oz. ich Dri- Me North C.— gear 3 Fkddck bw&. Veeid. 22401 (M) IN-2115 Wlne6.rt.r. VhZini. 22601 (717) 667.2139 U High &A. �. Stines i V �) _i �. • .•. L99 0" r Fort G ,. / x7�_ s' '�1 r , • �/,1 iy ��ch `tern , y v i _ va. 7�7 VICINTTY MAP ^ �= 72 SCALEA' AL FINAL PLAT FOXRIDGE GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA APPROVE BY FRED. CO. SANITATION AUTHORITY - DATE FRED. CO. PLANNING COMMISSION DATE .7`— u —9 FRED. CO. SUBDIVISION ADMINISTRATOR l/ DATE VA. DEPT. OF TRANSPORTATION �/ ��� � N • �•- DATE 3 OWNER'S CERTIFICATE The above and foregoing subdivision of the land of Donald A. Russo and Linda H. Russo, as appears in the accompanying plat, is with the consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any. All property owners in Foxridge are required to belong to the Foxridge Home Owners Association. The Association Is the owner of all areas shown as Parking Area and Open Space on the attached plat and is responsible for the maintenance of those areas. All property owners must pay an annual assessment to pay for this maintenance. This fee and all other rules of the Association are set forth In the Restrictions and Covenants attached hereto. A copy of the Final Master Development Plan for Foxridge is on file at the Frederick County Department of Planning and bevelopment. SURVEYOR'S CERTIFICATE I hereby certify that the land contained In this subdivision is the same land conveyed to Donald A. Russo and Linda H. Russo by deed dated 19 December 1990 and 21 December 1990, said deeds recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 754 at Page 1126 and Deed Book 754 at Page 1121 respectively. R \ Douglas C. Legg , .L. oil DOUGLiiS C. LEGGE DATE: JANUARY 15, 1991 COVER SHEET CERTIFICATE NO. � 0� Silbert w. oliffo associates, inc. Sheet O sv�` Resima - LLwd 34s=m of LAN tao.a Oise aw.di aa.s ao Nna C. se« 3 1►eWdwbw& vyrr fWt on) essatb Wftd= ' vsyldft neet (m) soar» 0 J PP�NTER 233' 6 J �" c �z She e� 2 See AREA SUMMARY NOTES: Area in Lots 1.570 Acres 1. Minimum front setback requirement is 20 feet. Area in Parking 0.963 Acres 2. All roadways within this development shall be maintained by Area in Open Space 1.367 Acres the Foxridge Home Owners Association. 3. Each lot is subject to a 10' Public Access and Utility Total Area Subdivided 3.900 Acres Easement along the front property line and a 10' Open No. of Lots 28 Space/Ingress-Egress Easement along the rear property line. Average Lot Size 2,443 Sq. Ft. Each end lot is additionally subject to a 8' Open Space/Ingress Egress Easement along the non-party wall side property line. 2ATEN FOXRIDGE w- " DATE: JANUARY 15, 1991 SCALE: V=5 NO. giibert w. cliffor & associates, inc. 3 Engineers - Land Planners of Surveyors 3 110-C OL1e OreemHch Ikfva 200 North Cameron gram 14edatiebbnrg, Virginia 22401 (703) $96-2113 Wincheatar. Virginia 22601 M3) 667-2139 �� 5h~t 3 -•► r� 0 o/ .� Z/ fj S 10'O9 B{tit.EY N�F \ ApAMS 1U v, TE4 STAROUTE 739 FOX [)RIVE $�Xraw O�yI i 4► DOU61ASL C. LEGGE y CERTIFICATE NO. LAND 6J / �--,ant /,.ox U1pitY E 1. a 50 NA?cN SINE NOTES: 1. kMNn um front setbacit m***RwM Is 20 feet. 2. All roadways wt*M thN development shah be maintained by the Fozrldge Harty Offers Association. 3. Each lot Is subject to a W Public Access and Utility Easement along the front property line and a 10' Open Space/Ingress-Egress Easement along the rear property line. Each and lot is additionally subject to a 8' Open Space/Ingress Egress Easement along the non-party wall sloe property line. FOXRIDGE DATE: JANUARY 15, 1991 1 SCALE: 1"=50' Silbert w. cliffor associates, inc. Basin-" - Ls" planners Surveyors no•c fw. aftm .r nw* hMkd§W p, Vk9W& flflol 00) 40"M no mob cum. fit.. Wb*ww. Yfgif. =01 V" W-UMP Sheet 2 of 3 N'F LUTTRE LL PROP V .F.� \L S BUFFER EQ'U -. oao is $7 ro-r -75.W 1ftACT TO BjeSUBDIVIDED EL ,O VNRRAS PART OF SUE s. WL� 0.78 DIV.LC AS PART FA FH PROD. N. TORM I O TOT LOT , R i x. Zone: RP se: Res`ic�eri al :)N J.N/FBAILEY Zone: i PROP. 8" M - 2 • �^W*4 �Rbp* SAN. S C\ / T- ZqP ING DISTRICT BUFFER REO'D (See Detail) i hYF PO TTS EX. ZONE: B-2 Use Vacant 000754"W-120.0' 10 7N, .."+.,..... ]Y' PROP. 8' SAN. SEWER • / PROP. 8" SAN. SEWER °rX S1010754"W 42.34' PROP. 8" WAA .5rr4:- W � }' N63° 6'32"W39.37 N/F FEVIS t� PropoSO Conf mercial Entrance Y 'ox Ridge Preliminary Master Development Plan I S73°50'48" -47.32' � � = � -V fl 1 EROSION AND SEDIMENT CONTROL STUDY FOR FOX RIDGE TOWNHOUSES OCTOBER 90 PREPARED BY G.W. CLIFFORD & ASSOCIATES, INC. 200 N. CAMERON STREET WINCHESTER, VA 22601 703-667-2139 1 G. W. CLIFFORD & ASSOCIATES, INC. 200 North Cameron Street P.O. Box 2104 Winchester, Virginia 22601 703-667-2139 Fax: 703-665-0493 MEMORANDUM To: Wayne Miller, Zoning Administrator Frederick County Planning Commission From: Darren Foltz Re: Erosion and Sediment Control Study Fox Ridge Townhouses Date: 29 October 1990 Project Description - The purpose of this project is the construction of four townhouse buildings, consisting of twenty-eight units total. The site of 3.9 acres is located in the U.S. Route 522 and VA Route 37 corridor and fronts on Fox Drive (VA Route 739) in Gainesboro Magisterial District, Frederick County, Virginia. In addition to the buildings, an access road, utilities, storm sewer, detention pond and two parking areas will be constructed. An area of approximately 3.5 acres will be disturbed during construction. Existing Site Conditions - The proposed site is an area of rolling hills formerly in agricultural production. Most of the site is covered with a sparse natural growth of weeds and grasses. Trees are located along the northerly property line in an existing fence row. The site slopes from west to east towards Fox Drive with existing slopes ranging from approximately 5% to 20%. A predevelopment C factor of .25 was used. Adjacent Property - The easterly and westerly adjoining properties are occupied by single family residences and the northerly and southerly adjoining properties are vacant areas formerly in agricultural production. Soils - The site is in the Frederick-Poplimento-Oaklet Soil Association. The area is characterized by gently sloping to steep, well drained soils that have a fine textured subsoil, formed in material weathered from limestone. For purposes of design runoff conditions, antecedent moisture condition II (normal consideration for the mid -Atlantic region) is assumed. Soils are of the Frankstown (13E) and Frederick (14B) Series. These soils have a moderate rate of water transmission, therefore SCS Soil group "B" is adopted. A copy of the soils map is enclosed. 11 Stormwater Management - The rational method was used to determine peak flows to storm structures and these values were used to size all storm piping. The design meets VDOT standards. All piping will carry the ten year storm. The United States Department of Agriculture, Soil Conservation Service, Technical Release No. 55, Urban Hydrology for Small Watersheds method of hydrology is used to estimate the peak run-off of a 2-year, 10-year, and 100-year Type II storm distribution, to the areas flowing to the Detention Pond after development. The site has been evaluated on a 2 and 10 year pre and post development basis. The goal of this study is to meet or exceed the control requirements of pre two -post ten. The post - development discharge at the Fox Drive entrance road intersection does not exceed the predevelopment two year storm to the same point. The entire site drains to Fox Drive and thence to an existing 18" corrugated metal pipe under Fox Drive to the south of the site. The site is divided into ten drainage areas which are delineated on the drainage map. Nine of the drainage areas flow to the detention pond. The pond acts to offset all increases in runoff caused by development. The detention structure controls the two and ten year outflow by 10" orifice at the 823.5 elevation.' The 100 year storm is controlled by the riser assembly. The pond contains the 100 year storm, and passes all flow through the outlet piping. Culverts 12 and 13 have been sized to carry the 100 year storm. Drainage from the undisturbed area north of the site is carried across the entrance road via a new culvert. This flow along with the flow from the detention pond and the drainage from the road area below the pond is discharged to an existing roadside ditch on the east side of Fox Drive. The predevelopment two year storm flow to Fox Drive is 14.95 cfs and we predict the post development ten year storm flow to that same point is 12.25 cfs. Sediment and Erosion Control - ' In order to ensure the quality of runoff does not decrease during construction, we have provided for silt fencing, straw bale barriers and a construction entrance to minimize erosion. Unless otherwise indicated, all ' vegetation and structural erosion and sediment control practices will be constructed and maintained according to the most current minimum standards and ' specifications of the Virginia Erosion and Sediment Control Handbook. The erosion control measures are specified on the plans. The design at the detention basin outfall provides for some sediment storage during construction. iu u 1 n The detention pond will need to be maintained to ensure its continued effectiveness. The basin is to be seeded at 40 pounds per acre with a mixture of 88% Kentucky, 31 % Tall Fescue, and 12% Redtop. Maintain the basin by mowing when the grass height exceeds 6 inches. Inspect outlet periodically. Remove sediment and debris as required to insure proper operation and appearance of the basin. Inspection of the basin should be conducted after each major storm. At minimum, inspection of the basin should be performed annually. Particular attention shall be placed on the grass planted on the basin side slopes to insure the elimination of erosion. This storm water plan outlined within this report meets all of the requirements of the Frederick Planning Commission Regulations. The intent of the plans to reduce and where possible eliminate the effects of this development on the surrounding area. Maintenance - All soil erosion control structures shall be checked weekly by the contractor during this construction period and after construction is completed until grass cover is established. Sediment retained by these structures shall be continuously removed and placed in an area of the site specified, damage to soil erosion control structures shall immediately be repaired when identified by the contractor. The contractor shall cooperate with all agents of the County, the Engineer and others who may identify needed facilities or work in order to protect the environment within the subject of this report. Calculations - Attached. a11A — SHEET NUMBER 29 f .1 AC 14c N 14B 0. 146 x _ " - .. - C• ,� S r.. r . Y x s 1 , r N �} • r f ' '7i t 1 . e: ( v 14B xf 4C +!i'l1 a F, i It • L 13E 16C c r r ♦; E � Vq a � ' * Sty,=' � • s •�;,' 3�• � .E�' g 1 1 �`I._ �. ,.e4B. r � See , B L�r is •-"y .j 0�1 Q _- ry •? k a ' Y r r{ # I 17 JSC7 Y `� - '� ���y � �,��- =fir � • � k0 • r i � ,�;• ��1. y :fir:,.. , 1 �" ` p�`• 'y"'��: �!I f t 40B�� . $ . II 'fir-� 0� 14C + 7 } 8632 Ol r5 r l -•146 �i e o t g `•,�. n Am r � w 1 �,� r < .r^ � {' ie+ 4•d � � ter. �� `}- i s' F F a t! 17 GC 1bC v y � r Pu` r �.�� {.. .G U• a y �'�3 ' • i�. r r '` ti � 4 3 f i' h ,.-W .•.i s s -F _ J s t (Joins sheet 35) Et *­L***�V�*********** ************** * ROUT VERSION NSA* PROJECT: FR Bet Pd 2 Yr Strm -� DATE: 2/16/1990* � (Types: 1:Weir; 2:Pipe; 3:Rider) '�Structure 1 ___________ Structure 2 ___________ 1: Type 3: Riser 1: Weir Weir: 2: Elevation (ft) 0.00 830.00 3: Length (ft) `' 0.00 30.00 N� Riker: 4: 5: Coefficient Elevation (ft) 0.00' 828.40 3.33 0.0O | - , 6: Diameter (in) 36.00 0.00 7: Orifice Elevation (ft) 823.50 0.00 B: Orifice Diameter (in) 10.00 0.00 9: Orifice Elevation (ft) 0.00 0.00 � 10: Orifice Diameter (in) 0.00 0.00 ^ 11: Orifice Elevation (ft) 0.00 0.00 lN� 12: Orifice Diameter (in) 0.00 0.00 � Pipe: 13: Invert Elevation (ft) 822.25 0.00 14: it: Diameter (in) Orifice Diameter (i:) 24.00 24.00 0.00 0.00 16: Length (ft) 80.00 0.00 ^ 17:'Manning's n 0.013 0.000 ! is: Slope (ft/ft) 0.012 0.000 N� 19: Entrance Loss Coefficient ' 0.6 0.0 ! Surface: 20: Initial Elevation (ft) 823.50 Storage Pond Characteristics: Section Elevation Area (ft) (sq ft) 1 823.50 0.00 2 824.00 1775.00 3 826.00 4000.00 4 828.0� 5500.00 ` 5 830.00 G50�.00 Control: RW =Riser acting as a weir RO = Riser acting' as an orifice . PI = Horizontal in inlet control pipe PO = Horizontal pipe in outlet control Time Inflow Riser Weir Total Elev Storage (hr) (cfs) (cfs) (cfs) (cfs) (ft) (cu ƒt) ________-__________________________-_-_____________-_____-___-__ 11.0 0.00 0.0 0.0 0.00 823.50 (}.00 12.0 3.00 2.1 0.0 2.14 824.60 1,6()7.99 12.1 6.00 2.5 0.0 2.52 824.90 2,397.99 12.2 5.00 2'9 0.0 2.91 825.24 3,408.54 12.3 2.00 3.0 0.0 2.98 825.30 3,608.85 12.4 1.00 2.8 0.0 2.80 825.|5 3,106.99 12.5 1.00 2.6 0.0 2.56 824.94' 2,498.69 12.6 0.50 2.3 0.0 2.28 824.71 1,891.81 13.0 0.30 0.6 0.0 0.58 823.97 400,85 uw.• as w w w a vava a a . : i _ _ -} ii.r`% ...u• m_ a.�r : _ �(m :i �C.m a }r.- _ m m ax_n,. m '*4 ri 1 S R}LCyylIliT.r VEyRySy�IrOP{.,iyy5.4ybt �4�L�PROJEG?y".do FF, :let Cy�.dyy y10 Yry WfrStrrmJy�� y ¢{.TE.: yy.!rW1'1611991t� * l/PrPTT.Tr7F��+rv��A+�i•��T��+T���+F�•i+TR`S �T�%rT�Po/l�T�+fi�4`�+i F��`P �f'F^i+���fl•N+i.��A+^+.'•�T!`ri•+r•M %PT Smm nl �� ypes; I:Wei4r-; 2:Pipe; ;Riser) Stricture 1 Structure 2 J-ir: 1: Type 3: Riser 1: Weir 2: E'levation (ft) 0.00 8•:5,0.0 0 Length (ft) 0,00 30.0 4: Coefficient 0.00 '..33 iser: 5: Elevation (ft) 828.40 0.00 6: Diameter (in) 36.00 0 0.00 7: Orifice Elevation (ft) 823.50 0.00 ' 8: Orifice Diameter ( in ) 10.00 0.00 9: Orifice Elevation (f - 0.00 0.00 10: Orifice Diameter (in) 0.00 0.00 t 11: Orifice Elevation (ft) 0. oo 0.01 12: Orifice Diameter (in) 0.00 0.00 Pipe: 13: invert Elevation , 't) 822 25 0.1110 14: L_. L^ml. ter (ln) i4a;�)t: 0.0015: Orifice Diameter :s.n`,� 2400 0,00 16: `ength ift`, t� 8.00 0.00 17: Manning's n 16: lose ( r -/ t) 0.013 t_ It 11 y.4. 0,000 t},tit?t-: 1 P: Entr ance i....oss Coef li4.-!..e se- flail � O.t_F aurfa`e: ter': i _.tial Elevzt�or: Ti 92' 5t_` forage -ac Pond Clh teris tics: et_t1. on i_ievat.i-n Al ea q 8224 . (0=' 1775 .'='t B26 . 00 4000.001 - 4 828 t x) 5500. C) } (:control., RW - Riser acting as a weir R0 Riser acting as an orifice s P1 n;orizontal p ape 4 n inlet Control PO _ -Horizontal . pi fare in outlet control ,Te Inflow Riser Weir Total Elev Storage thr) icf=) (cfs) (cfs) (cfs) (ft) (cu ft) _----- 111.0 ----------------------------------------- tZ , t /t: s_i_. 0 0.0 ------- 0.00 323.50 -, 0.0 111.9 3.00 2. 1 t } . 0 2. 09 824.57 1,527.65 12.0 9. CIO 2.7 0.0 2.70 825.06 840.4? 2,840.47 , F 7.1 18 . Li: . 8 0.0 3.79 826.09 6,517.40t2.2 20. 00 4.8 0.0 4.83 927.21. 11, 758. 02 12.3 G n 5J5 I? 1 _=- 5.46 82 FL 15,843.95 i . 4 r; . i_%:^. 5 ? C: z t:} . •? t_} r -'ram -7- 4 i 7 u �3 q 12.5 5.00 5.7 0.0 5.74 82B=3i. .i7, 2:5.;6 12.6 4. V 5.7 0>:1 5.66 828.23 17,460.01 - . 6 . t - - � - 828.10 :. 16, 645.7? �12.8 2.00 5.4 0.0 5. 42 827 , 91 15, 566.11 13.0 2.00 5.1 0.0 5.07 -827.49 13, 225. 97 13.2 2.00 4.7 0.0 4.73 627.09 119,136. 05 13.4 . . 3.6 1.011 4.3 1. F •=} 3 . 8 0.0 0. _} 4.32 826.64 3.85 826.34 8,954.82 _ __-- 6,741.26 13.6 1.0+1 -.4 0.0 3.37 e225.F7 4,87-.:0 *0-- 1,0t i.9 0.0 2,88 825.22 34335.22 114 14 , 3 1. 00 2.2 0.0 2.18 824.63 1 g 687.26 15 , 0 0.5;:: 0.4 0.0 0.42 823.88 289.05 *-R[Xl7'VERSION 5.3b ** PROJECT: ' Jet Pd 100 Yr Sbn D ` 2/16/199= �U (Types: 1:Weir; 2:Pipe; �:Riser) �truc��re � Struc�ure 2 .... ..... .... ..... �..... ..... ��..... ..... 1: Type 3: Riser 1: Weir /Weir: 2: Elevation (ft) 0.0V 830.0� Length (ft) 0'V0 30.00 4: Coefficient 0.0V 3.33 Riser: 5: Elevation (ft) 828.40 0.0) � b: Diameter (in) 36.00 0.00 7: Orifice Elevation (ft) 823.51".) 0.00 S. Orifice Diameter (in) 10.00 0.00 `. | 9: Orifice Elevation (ft) 01.00 0.00 - 10: Orifice Diameter (in) 0.00 0.00 11: Orifice Elevation (ft) 0.0", 0.V0 ' 12: Orifice Diameter (in) 0.00 0.0o � � Pipe: 13: Invert Elevation (ft) . 822 25 � V� . � 14: Diameter (in� 24. 00 0�� ' \ �� 15: Orifice Diameter (in> 24.0C 0.0V l ` ' 17: Planning's n 0'01 0'000 18: Slope (ft/ft) 0.V 0.000 m� 19: Entrance Loss Coefficient 0.6 0.0 20: Initial Elevation (ft) 823.50 ' It|Surface; . Storage Pond Characteristics: Section Elevation Area (ft) (sp ft) --------------------'------- 1 B23'K:'; 0'o, 2 824'00 3 82o.00 1775.0V 4000'0(�'! | 4 828.00 5500.3V 5 830' 00 8500.0p � �Control: RW = Riser act1ng as a weir � RO = Riser acting as an orifice PI = Horizontal pipe in inlet control PO = Horizontal pipe in outlet control _ � � | | Time: (hr> Inflow Riser (cfs> (cfs) Weir' (cfs) Total Elev (cfs> (ft) _.... .... __--_________ Storage ' (cu ft) 11.0 0.00 0 0.0 0.00 823.50 0.{»} 11.6 1.00 0.6 0.0 0.62 823'99 423.83 11.9 9.00 3.1 0.0 3.06 825.38 3,8417.70 12.0 20.00 . 4.1 0.0 4'08 826.38 7,778.91 ! 12.1 36.00 5.5 0.0 5.50 g28'01 16,132.09 � -12.2 40.00 28.7 RW 0.0 28.66 829.19 23,626.70 12.3 29.00 35.1 RW 0.0 35.06 829.34 24,607'45 ~ 1201 19.00 23.2 RW 0.0 23.16 829.06 221,7211.54 � 12.5 ^ 12 6 12.00 15.4 RW ` ^ 8 00 10 4 RW 0.0 ^ 0 0 15.45 828.84 ^ ' 10 45 �28 67 21,296.88 20,180.56 12^7 6.00 7.7 RW 0.0 ' 7'70 828.55` 19,395.66 12.8 5.00 6.3 RW 6.28 828.Z1.6 13,B32.99 ! | 13.0 4.00 5.7 0.O 5.72 828.28 17,731.28 13.2 4'0V 5'6 0.0 5'56 028,08 16,550'*4 13.4 3.05.4 O 0.0 5.36 827.84 '5,138.40 �. 13.6 2.00 5.1 0.0 5^06 827.48 13,183.43 ' ^ 13.8 ^ 2 00 4.7 0 0 ^ 4 72 827 09 ^ ' 11 098.28 " 14.0 2.00 4.4 0.0 4.38 826.71 9,258.86 � 14.3 2.00 3.9 0.0 3.90 826'19 6,955.22 14.6 15.0 2.00 3.4 1.00 2.7 0.0 0.V 3.44 825.74 2'71 825,07 5,146.13 2,878.58- ^ ��| ~� 15.5 1.00 1.4 0.0 1,39 824.31 975.71 . 16.0 1.00 1.0 0.0 0.96 824.14 665.22 16.5 1.0O 1.0 0.0 1.08 824.16 697.89 17.0 1.00 1.0 0.0 1.0,0 824.16 692.55 ~~ 18.0 1.00 1.0 0.0 1.00 824.16 697.73 19.0 0.51) 0.6 0.0 0.65 824.00 447'90 Fox Ridge TR-55 Drainage Area Data 6.r'.JI Y L !4f It. County 1 `_ C r: l r.. • i i ? ! ! •... 1'•iC«dt _...._ ;:i........ _........... __....... _i Ju__!_i.:`Vst 4_elf��!^f� Yr 1. I r-. : i ;� rr.(c a J(!M' : :-.c'e.rr-. " r,• r r :: r: !, � { �c� — S { �Cu��Ct q o pe!i i.j :«. t... t«. !y.._.._ v:f�f•!µ. r�i.14L.. �4! v'i v _S. )v.,% -tt .t. F'ir-G }..7t{... .... .�. LJI ..-._ . ..... ........ T i J .«'r. . } s.•1.... fv t.'t_ _' }}A� {{ v r...' . re �•1"`t '. !««['!:: •�. i S_J ! f'a L.. '! v. l""s .L �M�_J ... !' ... i _'.. .. «.. .... : t_.-.. .. .... .. ... .. i t Y 1" 5 CURVE at 'tt r ::• i.. .1ut�kC... e PE"ojec' Russ(_-,'"Foxr-J_C'ia%!e Ur_21-: r"M Ja r=" lounty : Frederick State: VA Chec3;.ed. _._.�_.__. Date.'" u.btii ti Post Development n i� i r r}7...tt"tit ( Lli�{: �'' t}(� LJ COVER DESCRIPTION A C D - �•Llt +iy V—y.S i....YLL.�Cfi'Ti f 7C•Lil \!S( [. •t='rY r� 1 L_ L.. : a !_. t ..._ A.! 1.1 i t i• ?-'i l y�'.t C^ i_t.RtF't w. ) 7 1 � 1..� •/J� J".'! J t1�d. i�.�'.y t..t l_ t_S Avg % .�..t'�CJe Y "by averaQe lot Si72,i � u 1.?f tom_.' acre (town E 3JG_t C'!2'^_ ) {..t c - Gr-ui_(P t i A; == Iclf _a r. r- r ... r t ._.t•r -z t -. t t-�t.... DFZAINIAGE ARE-,'),,,. -? :. �....._._.—__..._.._.._._.____.___.:..____.__.___._._._._...._._._..__.._ ..__._' __..._......._ � e"'t•_• - .._.. � t.:ii ._.----._....___:.__..._.._.._..__._..._.___ _.__....._ ;r t i ! t _.._ .... _.._..... .... .__.._.�....__.....__. 1 a Project lli..€�_1'r4Jf f Ofvi 1CJ7- .__ r!1! Lj a �.� ._ _ _ ' C L� Lt i� �. Y o Frederick C" I. '� ; ' � 2v t •i : i' 1 � c . i . cm ..:. __....... 11 .. _a ".. ....,.__..__._..._....... >, trl_.f.3 1 i"•(-)txii_ �.ir. v?1.{:yj?fYen`• � ,,:�€ C t_ :-.. f..(? Y�_. M S-tba:rea c COVER r.cSC •TC• f T-.i C r -'s :ncf^ ! 1 ��"iYiEOLD LLA!N!, :FU_ �..�. P r_t v r i.% y (... %..1, v:- �. ' F'? CI ::s i.. or- ;Yi =:y:,";? yh; t=. . t_) :_ =i a F-i r c a r, i r +: 14 ; - (.:t .€. Q:ry r , f., .. .. , „ �. '".'�•y l'•n• '. ^_.!. .i y 7 - v.-!!!A:!�"���.E (^'i u �� TIC r7€.... 5.r! t.. .. €• t. C. -!'t 1�: 'n Fa.1 �. 1-1: •.:_.^-! a u _ ..:..•,.�• :•. . iC TfS I...S'T•C•'1" ._!1. _. r•'M_�. '.Y iL... .i. t..r: ? , :._l..i C. I.�t.r- t; !:7 M _.. ...n �l. +r i:. .,_!��i 1_•.._i \ _.. , 3 i l !i t rR. .. �`r CURVE iJr._ NUMBER r nVt /�r7r i i l•' _. ._Li 4 V E NU :BEE ._rL�•'�1�1 1 J. Project Russo/Foxridge User: r m Date: 10 -26-?0 panty s Frederick. State: VA Checked: Date: ubti.tler Post Development ^ Yr Storm to Det Pond 1 � t. :..iLlbarea d __-_------_.r____- .__ -_- _ _.- ._--_____-_-___ --_----------------- Hydrologic -i 7i� COVER TLS.ce7PiION A B C i�.r' Acre=? (CN) ..... _...._ ..._ -_..._..._....... .....__..__.r__r ULLY DEVELOPED URBAN AREAS (Keg Estab. ) Residential districts Avg X :zmpery (by average lot size) _ _.. 1/8 acre (town houses) i.; FJ .31(85) (85 3 total Area (icy 'Hydrologic Soil Group) .31 a _ B::-: a :TOTAL DRAINAGE ?R A , _ _AcresWEIGHTED CURVE rMB i M. ------------------------------------------------------------------------------- t i 1± _ v.. l..r!«J! iE NUMBER COMPUTATION VERSION J.. u .... ..4. :. ject,: t±L.tn.r.!:...r _.r.,r.__tgr... User: Y'm >,r .a '• 90 C� E_� C U L.I i't t 5 Frederick i 7 C i! State: VA C h e I--.ed. -._.ry Y:y a t• "'• " _...__...._..._._.�- Subtitle; Post Development 2 Yr Storm to Det Pond Hydrologic Soil Group COVER DESCRIPTION s-i B C •-y-'�---{_.}..,. ._..___......--_ -' _[._........ FULLY LOPED - _• _--_........_ •_-•-__..-t URBAN AREAS t .� + L _� ......_..... Acres _ .__ _._ _ ..-.._ - ..-_.-_ (CN) ._. ...... _.._.__.._... -- --_....... - Residential districts Avg % impery (by average lot size) 1 /6 acre (town houses) 57 . B5 i Total As e... (by Hydrologic So ... ._ Group) ------------------------------------------------------------------------------ Ta.iAL•{.E A n ._ TOTAL DRAINAGE AREA: .57Acrss WEIGHTED CURVEe . TR-55 CURVm NUMBER COMPUTATION VERSION Project Russo/Foxridge User rm Date: 10--2 6_.00, aunty Frederick ck: State: VA Check ed:Date ubt3tlP: Post Development 2 ,r Storm to Det _and : _ ._._._......_._ _.__-- _--_-__..__.______. __._._____.___.._ Hydrologic Sail Group _------------------------------------------------------------------------------ DESCRIPTION LC t 1 rocr-es ;CN) _...�__.__..._-.__.__--__._______-____:_ THER AGRICULTURAL LANDS. Woods ..... grass combination good 6.2(58) h Hydrologic Y , fi o t»c: ! i"Cd'Y?i (by �=ti�.:...t. Group) ? 6.2_ R----------------------------------------------------------------------------- UBr•s: t_._r-es s TOTAL DRAINAGE s.4 sehut_ Ali_r•ee 6a2 Acres WEIGHTED CURVE t. +: :c_._t ... .. i..r 1 _1 i i a ;-Lasso F'w.,ridg ! � e.r-,< r-rr: i� �:: y=.�: t..r S_� t 1. p a F r �' t.! '�. r Z J., f i �._ 4. .i, t't S r... 1 £— !'•. C' 3 e .... .._..-.... ...._ �' !.r ... L -_.. ........ ..—........ __...... ... — , ".. ."., ,. Post... _ �..!SitC { - l,. ! * .! AZJ f tSt �,.� .« 1.» {:.. i ...li .4! • t 4 - s• i r^r , 1... S L. t- 4 T L..f "..�L._�`4.+ S, t. I S. .._•i't .s I!_!'. f'1Lt\4t._.—+i..-11..f!`. t'-i ..... !.._t—!E •i L%:._ 1, 4 ,r:r rw i.._i r � w• =n t ^ ra. '^ (._ t.! f7' 4 .... ....... � : (V-� _..._. rr ., .. .. ... � .... ' T t..i _.. — i" l :M S'�." t„, v .J Hy Yi ir- ... .i. M1 t, :l , ., u..r Ll J. j. t r '-\'.": ,., trt1 -' .._• yy _...V I... ! ..:. r i1t } _ sr, , CL4�'i��. i`:IL:?:`'1BEF"•' COMPUTATION VERSION ..;. Project aRurSorc otl1:7? User: •fDate: %a=; 10 26-c0 lounty : Frederick State: VA Checked; Date- i_%�]'i:.�l.. �. �. e n �' _. S t Development 2 i !'" Storm to I.'1rt a ..+i'I (,:i Subarea : it Hydrolog ic Soil Group Acres f ON I �_i i'i Ei'i�AGRICULTURAL LANDS Woods _.» grass combination good 1.97(58) ._.. ..... `vial Area (by Hydrologic S=i3_i i_i"ouf-) 1.9 '7-+-t-1-rrL. I.}ri " •r �>.7r���: r• r.- r_~ •• .._ 4 �..7 n fir.:• r �>_•il�E� �•.f ir:�t ��. :•:li.irr•�E:•c� » �•r=t IIU-B-A-R-E--A-:--hs �__+ 1 ! 1 n x yr•1 s— r-itls..:.'r-i : i i ALL; 1 >_ + t t.. u: v t s i.+ _t C 4 �+s= Y t TR-:"._ LW11 v`1..- NUMBER !t tBEi` {„: 5../i ti ... it .'eti -E= ..: :. 1.:.. "rM„�Ca 4w��fGi. 3l_ __.I Dates 10-26-90 .. Frederick County �'"� r" c %� P.. ?"' i s= �: state: +r ri t ..: .... W r: .. ...�-...... x_ :.t _ t �. Date; __...._....._......_..... ..... .u_ Subtitle: Post Development Storm e i' .... ... ... Pond Subarea _ Hydrologic Soil Eroup COVER it .:. z.rt RT_ 'T i •E -AGRICULTURAL -LANDS Acres -- , OTHER Woods .'- grass combination 00%.1 ..• Area .-. ! ��, �. .'.. J t-!^ G t'•t: C: =•. '. !.J y Hydrologic Soil Total Group) ---------------------------------------------------------------- ;.:. ;w. :: ,t..7i',t'. A., 1.. TOTAL DRAINAGE Ni-zvi.... At'1 ev. r-1 N .33 Acres .. WEIGHTED CURVE ._. i:.: .-_ ... _. J 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Fox Ridge TR-55 Time of Concentration Data Ot - - — - - Y." .y P�'3 (_;s� ` i1l_l_a_F !3_o..Ys==.ie ' C, C Li "1 y Y t r s i t° L ( YJ A t C ..._.... _.._ � .. .... _.... ............... "i [1 f" i i =rl T j i... f:: .e_ year 1._ F t-, {..: . , Y ? ., t.._ t i r .. S I to -. b. 1� It. t..!!Ri ! � 4!^•- a:, �' -:Y !_ ( i l :.. ! t � S "i' v1'.... k.:: .. .. .... ? ... !._=w r y 1. Y:""'�?! �... •_:! t+; _.t ....i. ..: ... ._. _i i' a r:•.'` i�i -3 t�C.:i vu ' ! mot„ E -� E ..... `.�... .. . Cr _ ... .......... . .. ....... o.r.. + t s "_ i•3 Ca i_3 %. t 1.- S _I.. J-I CJ i..4 t,=�= i....�!..fJJ f(f t{' :_t t� s ._ .V t. ..i "i�,x,{ " � � andT R�. , SUBAREA COMPUTATION � VERSION :L .11 < r :.. + ject k pJF+dkrld r minty Pr ' derick States` tW ' ,..;, (' rj�C�f�<t'� �p w Y.. . Checked: _.. D :Ste ubtitlt?: 'Post Development 2 Yr- StdeM to Del ' Fond -------- _2 Subarea #5 e ~Area -Velocity- t!o-w_Type- year Slope "Surface n- Wp Time rain t#t) (ft/ft) code (sq/ft) (ft) (ft/sec) (hr) theet ~- -- -_ 1195 - __ .._,.,.._..- r�....�,a __._...-__.__.__ ___- ._ - -nr029 Time of Concentration = 0.03* ~ ----____---- .-__-_..------._ _...-_...----- Subarea #6 f -__------~---------------._--_.- low Type 2 year Length Slope Surface n Area Wp Velocity Time rain (ft) (ft/ft) ' code (sq/ft) (ft) (ft/sec') (hr-) beet 3.1 300 .177 # 0.24. hallow Concen t ' d 250 .177 u 0.010 Time of - Concentration ti.25* _ _..__------------ _---- ------------- Subarea #7 _ g ----------------------------------- -low Type 2 year Length Slope Surface n Area trip Veloc ity Time rain (ft) (ftlft) code (sq/ft) (ft). (ft/sec) . (hr) Sheet 3.1 00 hallow Cs3ncent•d ti .1511 f a1511U 0z,259 .tire' Time of Concentration = 0.27* -________ low -Type �` ~-_-_____________________________-____-------_�_ - _-__ ___ _ ye r- I..ength: _ - Subarea #8 dope #surfaee h 7- - __ _ n^� � 'ttfet�qtw ec :' (hirn;e)raln s ~--~~-_ _ ........ ..... ...... ... ..... .... Sheet--__ tha'llow Con cent'd .'21JL u . r3.011 p en Channel 41 :�.. 8 0."052 Tim4 of Concentration ' O - low " Yp4' - - ` +ear` .ength - -- Subarea #9 Slope ur�face i n Area - - -- -- Wp-�,Vel-c►t*i.ty Time _: ... T. r �r,� , .r�r.(_f.t)..:....(.f.tdit-1 +,,. code (��/ft) eft') (ft/sec�3 thr) ltatiiw Ccincent :`> ?► ._#40 5iy 0.253 3n' "F(.. C-, "t to%i=i _ _ % 1' ' _J_ i Ys', t._ .r. at • ,. I t % L �!.... ti :, i -4 e 4 P Lt CJ• r'i J 1. �. tJ A 11 .L 4d { �r✓CLt ,J f T t � » L.i`��l.i� t 1..• r tt •,- a ,�., t� t Ivies 7� i tC'S. , J_..r..._."Ie. r LJ 7.. A _.. rC�. S! Post ' y � ' Sheet- Surface D—les t t. 1W iii L.T LJ Lh SL.v1 aL. e ! '] L!' _n l ' [r !4':t t«, L•lii i ( t..t ^. �_. C'. '..J B Fallow 4"%'w (':c-`:__) t_; G r a s :a3 B_rsni_, da ?.: C !_k +.t 1. v a T.%7C l...i t..ai_i. s..l.F.« !_.... ... F _ r" p `: ... x.i Ck_k I !-• %t'!'{,;ed -r 1, i. tAf': 0%4S3 i}t,.I%i.Zi-t._� �.i%i�..'.... _.. _.. 1 1 1 1 1 1 1 1 1 1 1 1 1 Fox Ridge TR•55 2,10 and 100 Year Storm Hydrograph to Detention Pond •. �'-55 TS•. � �aE?tJl ��' DISC' 1;-?1.-,��_� 61 !` + ,.:P r n; 1 S i [Ll f, -; f._:'1 .... v ._. .A. !,. Project RLEsso/F6xr1.dge County a Frederick. State:.VA User. Checked: i"m _ _ Date. 1:..-26_Y90 D i:a t F-: SE_Ebtitle: Post Development 2 Yr Storm to Det Pond To.tal watershed area: 0.021 sq mi Rainfall type.- II Freq_=ency.- 2 years ------------------------------ Sub -areas _ _ _ a b c d _ 'Area(sq mi) 0,EI0* Rainfall(in) 3.1 0.:.0k( 0.00 0,.0Cyw t_:„t C) Curve numbe"89 85 �r1 C Lt �� fl.i . J' Tc (hr s' q,E_)..* 0 _, E„#.t#_: T meTEaCf tle'= E_#„E7t E# '"'c# t# i2("'r 0 {i i_#„t.:t' Ia/P 0.08 0.11 C#.OJ- 1 0.1.. IUsed 11 0.10 0. - 1. 0.1t"' t;.1.1 0.11, Time !r' __...__.__. �_ ctal - t_ C` ,itt#area we ntr�b�tt,t1:! tc .. 5 ) _ _............_.._.._ . ._._._..._.-. (hr) Flow a b c ,� e 11.0 C, i # C# 11.6 0 C# 0 0 0 # 11.9 i s 0 ij � 12.1 6P 1 1 1 IF 1 12.2 5 0 1 12 . '' 1 0 E_: C, 12.6 E:# E_i 0 C7 C # 0 12.7 0 0 C t„ C# 0 12.8 0 C# C# C# { y 14.3 0 0 0. :# --. 17.0 0 P 0 0 0 0 17.5 U 0 rj t`y fi -, I S. E i 0 0 0 a,-2. 0 U 0 0 0 0 0 P - Peak, Flaw value(s) provided from TR--55 system routines `s �:t ';1 si.lLA: C! i� CF METH'OH_'•s V :d=....... OI ! 1 ,. 1 T, Project RussofFoxridge user.. rM ?3atr e it')-26-9;'k County( H Frederick State- VA Checked: Da, e _....... ....... _._. Subtitle: Post Development ^ Yr Storm to ?fie+ Pond r Continuation of subarea information --------------------------- Subareas - -- f q !, i Area(sq mi) 0.010.01* 0.00T _k.i SY* j, Rainfall(in) 3.1 3.1 ~ .1 _.1 Curve nt..tmber r 58* 58r 58* Runoff(in) -T1 i, Tt» l[t1 S . t.). rra� m 0.29R T7 t.d 3 (Used) 0.20 S).-=ice 0,30 Ti meTcOut et 0.00 0.00 0.00 00 Y k , 0i;k j 1: a: P 0. 47 0. 47 0.47 S k :. A-7 ( Used 0.47 0.47 0.47 re » -7 Time -- -------- -- - Subarea Contribution to Total Flow (cfs) +' (hr) f q h OP OP 1 t 0 : 3 c'k i1. - i1 f} 0Vi a. ` 0 ik S J.2.3, J. (, _k 1._.4 c; 1-2.6 0 ,' j 0 t i 12.7 rk t7 12.8 t3 0 tk tk 13.0 0 0 U 13.2 0 0 0 � 13.8 0 00 0 14.0 0 � k tom: rl :. `14R6 0 0 0 fk s 1 Ls z :`, c k 0,, S_k 15,5 t5 0 (1 irk S_k 0 0 0 # 17.5 0 Q 0 (, 18 0 0 fa c f t 19.4 _ ___ N3 0 0 0 x - 6; ?' P — Peak Flow * _ val=_te(s1 provided from TF.-55 system routines, TO-55� TAEULAR, Dl'SCh#APG METHOD. VEEtSS�I�I �� . 1 Project Pusso/Fo,,ridge � User-: rm :ate: 1{a-.^_b-9{ ' aant y `Frederick Mate: VA ChecP.ed: late: ubtitle: Past Development 10 Yr Storm to De't Pond µ S t'al watershed area 21 l type: I I -Frequency: 10 years _5Painfal Subareas a b c d e rea(sq mi) 0.00* 0.00* 0.00*. 0.00* O.00A ainfall (in) 4.9 4.9 4.9 -", carve number 89* 8 * 96* 5 1c (hrs) 0034 0 { 3* 0.0 aK {a.2w* 0.03* ( Used) 0.10 0.110 0.110 0.20 0.10 TimeToOutlet OwE10 0.00 0.01 0.00 0.00 a/P 0.05 0.07 0.01 0.07 0.0-1 ( Used) 0.10 0.10 0.110 0.10 0.10 Time Total ---------------- Subarea Contribution to Total Flow (r_fs) ter) _ Flow a b c d e 1 . { } 0 0 t , {_a 0 t. 11.9 _ {a 1 1. 0 t 2.O 4 1P 2 1 iP 2.1 18 1 �'P 2P 1 3P 2. 2 20P 1 2 1 1 i t2.4 a 0 0 {_a 0 0 2. b 4 M12.6 0 C) 0 0 {_a 1 3.2 Ca f i 0 0 F� 0 `< 13.4 1 0 0 0 0 0 14.0 1 0 0 ti 0 0 0 F41 0' 0 15.0 0 0 0 0 0 0 15w5 C) a to to t 0 0 (7: - �.i to 0 t„y 0 {�. U ` 1S.0 • V J 0 0 0 0 ice.O.o 0 0 0 0 0 0 26.E :• 0 0 D n #?'1eak F IctW " Ya'lue ( s) rovided from p R-5 - s s'tem routines y METHOD � VERSION!.!! TR^55TABULAR DI. SCt AcSE Project i RussolFoxridge User: rm Date: 10-•26-90 County . Frede,rick. State: VA Checked: __. _- Date.- Subtitle: Post Development 10 T r Storm to D t Pond Continuation of subarea information f 9 h i. Area(sq mi) 0.01* 0.01* 0.00* 0.00* Rainfall(in) 4.9 4 A 4.9 4.9 Carve number 56* 58* 58* 58* Runoff(in) i.11 1.11 1.11 1.11 Tc (hrs) 0.25* 0.27* 029* 0. 26* ( Used) 0.20 0.30 0.30 7 0 TimeToOutlet 0.00 0.00 0.00 0.010 ' lalP (Used) 0 30 t j . � 0 0. _0 0 . "�:t: 0.30 0.3 � 0.•` 0 i_l . _".t 7 Time-_._._-.....^^.�--___ Subarea Contribution to Total Flow (cfc) ____.-_____- -. 1 (hr) � t h • { 11 6 0 0 0` i 11.9 ri 0 tk __ 12.0 12.1 2 t i 0 i; 12.2 [`�^j� P 3P 2 FP 12.3 W _ 2 0 ' 12.4 --31 _ 2 0 F.. 1.2.5 2 1. i 7. ;. 12.. 6 2 11 12.7 1 1 1 0 L' 12.8 i 1 0- 0 13.0 1 1 Q 0 '13.2 1 1 ti t 13.4 1 0 0 0 13.6 1 0 0 0 14.0 1 0 rt 14.3 14.6 1 0 0 0 ti 0 0 ' €i 15.0 t; 7 0 0 0 15.5 0 0 0 ti 16.0 0 0 0 t ` , 0 ti 0 0 19.0 0. �? 0 n_ 1' 2t ,0 0 0 0 0 22.O 0 tl 0_ 011-P i i i =Yeak Plow -- valuew provided from TRA system routines METHOD V ERS I ON u 11 TR- 55 ` TABULAR DISCHARGE Project a` Russo/Foxridge User: rm Date.: 10-226-?0 taunty Frederick State: VA Checked: Date: ,I[ubtitle: Post Development 100 `lr Storm to Let Pond; Xotal 'watershed area: 0.021 sq mi Rainfall ` tyPea 11 Frequency; 100 years' ---------.�-------------- Subareas __-__-__-----_----_-----_- a b C d e Area (sq mi ) t_: a tit}* 0.00* 0.00* 0.00* 0.00* . ainfal l (in) 7.0 7.0 7.0 7.0 7.0 carve number 89* 85* 98* 85* 85* Runoff(in) .5.71 5.25 6.76 5.25 5.25 (hrs) 0. 03* 0. 0.?* 0 0 * 0. 25* 0.03* �c ( Used) 0.10 0. 10 0.10 0.20 0.10 "3 imeToOutlet 0„00 0.0x0 0.00 0.00 0„00. la1P ' (Used) 0.04 0.10 0. 05 :i.lt 0.01 1:n10 0.05 0.410 0.05' 0.10 Time -Total -------- -_ - Subarea Contribution to Total Flo:; (cfs), �(hr) Flow a b c d e 11.0 0 0 0 n 0 0 0 0 1„' - 0 - 0 t S �11.3 1 1.6 1 0 0 0 0 C. 11.9 9 Ca 1 1 1 J_; t• 2.1 36 1 4P 2 2P 5P 12..2 40P 1 _ 2 2 _ 12.3 29 1 1 1 1 t2.4 1 1.9 rf 0 1 12.5 12 0 1 0 G 1 2.6 s3 s' 0 0 0 U 12a:7 5 0 it 0 0 V ,11. 2 4 0 - 0 04 a _ t_i 0 0 0 0 'MI:3a8 2 0 0 0 d 14.0 2 0 0 0 tTY 14a3 2 0 f3 L� 0 14.6 2 t7 Ck 0 p £t 15.0 1 r: t - t 0 0 15.5 f l t=) 0 t} k 16.0 1 D 0 0 4 0. 17 .0., 1 0 O t o 0 0 ` 18.4 1 4 0 00. 20.0 0 n 0 0 0 t_x 22.0 t 3 0 t Lx 0 0 P -- meek Fltao+s. * - value (s) ' provided from TR' 6 c system routines METHOD VERSION 1.11 Tit - TABULAR DISCHARGE Project tt Russo/Foxridgc User: rm Date: 10--26-90 County t Frederick State: VA Checked." Date. - Subtitle: Post Development 1.0;-, yr Storm to Det Pone of subarea information .-.. --- - __���ontinuation -- Subareas -•--------------- ------•-- f U h i Area(sq mi) 01101* 0.01* 0.00* 0.00* Rainfall(in) 7.0 7.4 7.0 7.0 Curve number 58* 58* 58* 58* Runoff(in) 2.41 2.41 2.41 2.41 ' Tc (hr-s) 0.25* 0. 27* 0 . 29 0. 26 ( Used) 0.20 0.30 0.30 0.30 TimeToOu t l et 0.00 0.00 0.00 0.00 1a/P 0.21 0.21 0.21 0.21- (Used) 21 0.21 0.21 0.21 Time ---- ---- Subarea Contribution to Total Flow 1 fs' ' (hr.) f 9 h i 11.0 0 0 0 0 11.9 _ 1 0 0 7 '12.0 12. 1 15 4 3 { 12.2 17P 7 4 1P 11 sp 5P 1 r 12.4 6 ry 12.5 4 4 2 0 12.6 3 3 2 U 12.7 3 2 1. 0 12.8 2 2 i 0 13.0 2 1 1 0 13.2 21 1. L} 1 3 .4 1 {• • 13.6 1 1 { i 0 14.0 1 1 0 n 14.3 1 1 0 0 . 0 0 15..5 1 0 07. {7 - _ au ,..�. � 0t i 17.5 1 f_i 0 0 t 18.0 10 0 U 19.0 0- - O 0 Q _- i 22.0 fj t}; 0 f_} P - PeakL Flow r- value(s) provided from TR-55 system routines RAY D. PETHTEL COMMISSIONER COMMONWEALTH of V1RQ1N1A DEPARTMENT OF TRANSPORTATION P. O. BOX 278 EDINBURG, 22824 (703) 984-4133 January 3, 1991 WILLIAM H. BUSHMAN RESIDENT ENGINEER Mr. Charles E. Maddox, P.E., V.P. Ref: Russo Project - Fox Ridge C/O G. W. Clifford & Assoc., Inc. Route 739 200 North Cameron Street Frederick County Post Office Box 2104 Winchester, Virginia 22601 Dear Chuck: I am writing in response to my letter of December 17, 1990 to Ms. Priscilla W. Agner and your follow-up letter to this office of December 19, 1990 (copies attached) concerning the above referenced project. I will try to clarify any so called "misunderstandings" you feel are now arising concerning the project. First of all, I do recall discussing entrance conditions for the project during our review of the master development plan. However, I do not believe, as our review comments of July 2, 1990 indicate, we approved any specific entrance design. Furthermore, what you describe as being the "normal" commercial entrance for VDOT approval is merely our minimum design standards. Secondly, you state the site plans which you recently submitted to us for, comment show the Fox Ridge Lane right-of-way as being designed to be an eventual State maintained roadway. I realize through our recent telephone conversations this is in fact your intent. However, neither the site plan nor the master development plan specifically indicate this. Furthermore, since this is the desires of both your client and Frederick County a standard secondary street connection would in fact be required rather than a commercial entrance. We certainly appreciate your design efforts and the County's desire to provide a central access point to these parcels. We feel a common entrance to the properties could be very beneficial because of the proximity to the increasingly expanding Routes 522 and 739 intersection. However, as you know any such entrance would still need to meet our minimum design requirements of which your client's_ limited amount of property frontage could be a factor. C C�IEGYE -. Mr. Charles E. Maddox, Jr. January 3, 1991 Page #2 We regret any misunderstandings caused on our part and hope this letter clarifies the matter. However, in my letter to Ms. Agner I was simply stating our concerns and trying to inform all involved parties of a potential problem. If you can meet our entrance requirements as you have indicated we would appreciate the opportunity to review any design plans. In the meantime should you have any questions or would like to meet and discuss this matter further, please give me a call. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Sr. RBC/rf Attachments xc: Mr. F. E. Wymer Mr. R. W. Watkins Ir COMMONWEALTH ®f VIRCjINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG. 22824 WILLIAM H. BUSHMAN COMMISSIONER (703) 984-4133 RESIDENT ENGINEER December 17, 1990 Ms. Priscilla W. Agner Ref: Route 739 (west side) C/O George W. Glaize, Jr., Realtor, Inc. Approx. 500' S. of Intersection 137 W. Boscawen Street with Route 522 North Winchester, VA 22601 Frederick County Dear Ms. Agner: As requested enclosed you will find the signed plats of a re -subdivision of the Carpenter Lots at the above referenced location. As we discussed by telephone on December 14, 1990, I would again like to take this opportunity to express our concern over the property's limited amount of road frontage on Route 739. As you are aware the potential owner proposes a townhouse develor-Invent knot: as Foxridge on the property. In order to do so, the owner would need to construct an entrance onto Route 739 which meets our minimum commercial entrance design standards. With the limited amount of road frontage there is a real possibility this cannot be achieved. Through copy of this letter we are apprising all involved parties of our concern. For your use I have enclosed copies of correspondence from this office to G. W. Clifford & Associates regarding this matter. Please be advised our approval of this subdivision plat in no way reflects our approval of the proposed Foxridge Development. Should you have any questions concerning the above please do not hesitate to call. Sincerely, William H. Bushman Transp. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/ rf Enclosures xc: Mr. R. W. Watkins, Attn: `lr. W. Wa%_-ne `Iiller Mr. Chuck Madwcx g. w. clifford & associai, , Inc. 200 North Cameron Street P.O. Box 2104 Winchester, Virginia 22601 703-667-2139 Fax: 703-665-0493 December 19,1990 Mr. Robert Childress Va. Department of Highways PO Box 278 Edinburg, Virginia 22824 Re: Russo Project - "Fox Ridge" Frederick County, Virginia Dear Bob, I'm in receipt of your letter dated December 17 and feel that we need to clarify this issue as some misunderstandings are now arising. As you may recall, when you approved the Master Development Plan for this project, we discussed the entrance conditions to this project. The normal commercial entrance for VDOT approval, consists of a 30' pavement, two-2' gutter pans, and two 12 1 /2' minimum radius curb and gutter returns. This totals 59' of road frontage requirements in order to install a commercial entrance. As pointed out in the past, we have a total of 42' of road frontage in fee simple with an additional 20' ingress and egress easement for a total of 62' of overall frontage. If we were to design a commercial entrance appropriate to this frontage, it is feasible and can be installed "by right" by Mr. Russo. The plans that we submitted to you for comment on subdivision plat approval showed a right-of-way which is designed to be a state road eventually, serving both the townhouse development and the commercial land to the north. In order to dedicate the property to the County for state road purposes, all construction must be on the fee simple portion of the project. For that reason we have designed the road wholly on the 42' section, which moves the centerline to the the north and requires the temporary commercial entrance curb and gutter to extend in front of the commercial land of our neighbors. In accordance with your requirements, we have met with our neighbor who has tentatively agreed to give us written approval allowing for that curb and gutter to extend in front of ............................................. his project. All this, as you recall, stems from requirements made by the Planning Commission and Board of Supervisors in Frederick County which, in fact, ordered both the property owners involved to cooperate on a common entrance location. We understand your concerns and your need for property owner assurance in order to approve our entrance as designed; however, you have indicated that a commercial entrance of any sort may not be possible. I would appreciate your verification of this to the owner as he is intending to make a sizable investment in the purchase of the property and your letter response of December 17 has posed the possibility that the site not usable. We look forward to your reply. Sincerel yours, C. E. Maddox, Jr., P.E., V.P. G. W. Clifford & Associates, Inc. CEM/ckd cc: Mr. Don Russo, COMMONWEALTH ®f VIRCj INIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER ( 703 ) 984-4133 February 19, 1991 Mr. Charles E. Maddox, P.E., V.P. Ref: C/O G. W. Clifford & Assoc., Inc. 200 North Cameron Street Post Office Box 2104 Winchester, Virginia 22601 Dear Chuck: Unvr' WILLIAM H. BUSHMAN RESIDENT ENGINEER Foxridge Subdivision Route 739 Frederick County As requested we have reviewed the above referenced project's site plans dated January 20, 1991. Our recommendations may be found on the enclosed plans marked in red and as follows: 1. The proposed entrance design has been reviewed by our District Traffic Engineering Section and has been deemed acceptable for this development. However, as you are aware access easements will be required on both sides of the Foxridge Lane right-of-way to accommodate the curb and gutter encroachment in front of the adjoining properties. I believe as you have indicated a 20' ingress/egress easement already exists on the Bailey property to the south which will be acceptable. I am also in receipt of a right-of-way agreement and plat from Mr. Edwin B. Yost which details an access easement across the Russo property to the north. If this plat is put to record, then this will be all that is necessary in this regard. We would appreciate copies of both the access easement plats when they are available. 2. The existing Potomac Edison utility pole at the entrance may need to be relocated in order to accommodate the entrance design and to provide for minimum sight distance. 3. The proposed 36'x23"xl4" R.C.P. should be realigned as noted. The new location would provide for an easy extension and/or connection to a future drop inlet if this entrance is ever upgraded to a secondary street connection. It appears this relocation would necessitate a change to the drainage easement as detailed on the subdivision plat. A drainage ditch will need to be provided from the outfall of this culvert to the proposed triple line of 43"x27" E.R.C.P. under Route 739 to the north. Your site plan indicates a 50' right-of-way along this portion of Route 739, however, our records indicate it being only 30' in width. If this is in fact the case a drainage easement will be required or a dedication along the Russo property will be need0'-,tg- ccon=date this drainage ditch. it FE. TPA%S=CRT�,T'CN -CR THE S- c 4 r Mr. Charles E. Maddox February 19, 1991 Page n2 Please revise and resubmit four (4) copies of the plan for final approval.. Should any changes be deemed necessary, please design them to meet or exceed the above recommendations. Should you have any questions, please give me a call. Sincerely, William H. Bushman Trans. Resident Engineer 47;cc.� By: Robert B. Childress Hwy. Permits & Subd. Spec. Sr. RBC/rf Enclosures xc: Mr. J. B. Diamond Mr. J. C. Heatwole Mr. F. E. Wymer Mr. R . IV. Watkins Mr. Don Russo Mr. Edwin B. Yost Mr. Ritchie Vaught �4 �r COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 EDINBURG, 22824 RAY D. PETHTEL WILLiAM H. BUSHMAN COMMISSIONER RESIDENT ENGINEER (703) 984-4133 February 4, 1991 Mr. Ritchie Vaught, Vice -President Ref: Temporary Construction Entrance Rappawan, Inc. - Foxridge Subdivision P.-O. Box -346 Route 739 (Approx. 500' S. of Rte. 522) Front Royal, VA 22630 Frederick County Dear Ritchie: This is to acknowledge receipt of your letter dated .January 31, 1991 concerning the above referenced development. We have no objections to your firm using the existing private entrance into the property for construction access. Therefore, your request is hereby approved. This letter is to be considered your temporary permit until a land use permit is applied for. The following are to be d part of this permit agreement: 1. No construction is to be performed on the State's right-of-way. 2. The existing entrance is to be maintained in its present condition. Stone is to be added as necessary to prevent the carrying of mud onto the roadway. When maintenance stone is placed, it will be necessary to erect "Men Working" signs in accordance with the attached. 3. Positive drainage is to be maintained within the right-of-way at all times. 4. Any damages to the pavement structure of Route 739 adjacent to this entrance will be corrected by your firm to the satisfaction of the Virginia Department of Transportation. 5. It should be understood any disturbed turf on the State's right-of-way will be topsoiled and reseeded. 6. The Department of Transportation will not be held liable for suit should such result from this operation. 7. This permit is being issued for 180 days. A formal land use permit application (Form CE-7) will be applied for within this time. TRANSPORTATION FOR THE 21 ST CENTURY Mr. Ritchie Vaught February 4, 1991 Page #2 If these requirements are not followed then this temporary construction entrance permit may be revoked. Should you have any questions, please give me a call. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Attachments xc: Mr. F. E. Wymer Mr. D. O. Wilkins Mr. R. W. Watkins G. W. Clifford & Associates FIE COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703 / 667-0370 January 18, 1991 G. W. Clifford and Associates Attn: Mr. Tom Price P.O. Box 2104 Winchester, Va. 22601 Dear Tom: This letter is to confirm action taken by the Frederick County Planning Commission at their meeting of January 16, 1991. The subdivision of Fox Ridge was approved for townhouses on 28 lots situated on 3.90 acres. This property is located west and adjacent to Fox Drive in the Gainesboro Magisterial District and is identified as parcel 195 on tax map 42. Before this department can issue final approval you will need to submit a deed of dedication, a letter of credit and plats with the signatures of the appropriate agencies. If you have any questions please do not hesitate to give me a call. Sincerely, W. Wayre Miller Subdivision Administrator WWM/slk cc: Donald A. and Linda H. Russo 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 L ENGINEERS ARCHITECTS SCIENTISTS February 26, 1991 Wayne Miller, Zoning Administrator Frederick County Planning Department 9 Court Square, P.O. Box 601 Winchester, VA 22601 Re: Fox Ridge Subdivision #17555.118 Dear Wayne, We have reviewed the second and third submission of the above referenced subdivision plans. Some comments from the last submission were not addressed. Below are some comments that need to be addressed prior to the approval of these plans. A) ACCESS ISSUES: I trust that the County planning staff will insure that the plat and deed documents provide adequate access to adjacent properties as recommended in our previous comments 1-6. B) GRADING, DRAINAGE & STORMWATER MANAGEMENT: It appears that the Engineer has addressed all our other comments. With the addition of the above and with the submission of signed and sealed plans and calculations, we can recommend approval of this plan. Sincerely, DHUE,& ASSOCIAT INC.O ard, EPaul A. Bern . Project Manager PAB/j la cc: Tom Price, Gilbert Clifford & Associates R\F\AH2 11240 Waples Mill Road ENGINEERS Suite 100 ARCHITECTS Fairfax, Virginia 22030 SCIENTISTS 703.385.3566 Wayne Miller, Zoning Administrator Frederick County Planning Department 9 Court Square, Box 601 Winchwster, VA 22601 Your Authorization: Signed Agreement Fox Ridge Subdivision Second Submission Date: Feb. 26, 1991 Please Reference: Project No. 17555.118 Invoice No. 9101044 Client No. 07534 Project Manager 3.0 hrs @33.25 99.75 Engineer 3.0 hrs @19.90 59.70 Admin Assist .5 hrs @14.50 7.25 Total Direct Total Indirect TOTAL DUE THIS INVOICE 166.70 250.05 $ 416.75 ENGINEERS ARCHITECTS SCIENTISTS December 5, 1990 Mr. Wayne Miller, Zoning Administrator Frederick County Planning Department 9 Court Square, P.O. Box 601 Winchester, VA 22601 Re: Fox Ridge Subdivision Preliminary Plan #17555.118 (.095) Dear Wayne: We have reviewed the above subdivision plans for 28 townhouses on approximately 3.9 acres. I offer the following comments or remarks: A. ACCESS ISSUES: 1. The Engineer has provided a traffic generation summary. The average daily traffic generation from this project should be between 164 to 280 VTD. Additional trips could be added to Foxridge Lane in the future with the development of the rear and adjacent properties. a) A typical section was not provided; however, the dimensions indicated should be satisfactory for the proposed development. Pavement improvements and additional turn lanes may be needed in the future if the development of adjacent properties generates greater traffic volumes. b) It appears that Foxridge Lane will be constructed within a proposed access easement in lieu of a dedicated right-of-way. If this is the case, access rights should be given to the State, County and adjacent properties for a 50' width and the full length of this property. 2. The additional parking pads in front of the units is a novel idea and will provide for often needed extra parking. However, if the parking spaces in front of the units are not assigned and reserved for the individual units in which they front, this arrangement could cause confusion and conflicts. Parking spaces should be assigned to specific units. ■ 11240 Waples Mill Road Fairfax, Virginia 22030 703.385.3566 Telefax 703. 38.5 8319 LC�f�OMC� DEC ENGINEERS ARCHITECTS SCIENTISTS 3. Even though horizontal and vertical sight distance verification data for the intersection of Foxridge Lane with Fox Drive was not provided by the Engineer, it appears adequate based on the provided horizontal alignment and topographic information. B. GRADING, DRAINAGE, AND STORMWATER MANAGEMENT 1. The proposed grading along the ditch section from the outfall of Culvert 10 to the existing 18" CMP culvert needs work. It appears that the existing elevation of the 18" CMP and the tie-in elevation for Foxridge Lane create a difficult design problem. If the road landing approach can be raised and if the proposed Culvert 10 can be raised, it will help to resolve this situation. The proposed ditch as it now stands would be 2/10th of 1 percent which is so flat that it is impractical. This ditch section needs to be designed. 2. Units 26, 27, and 28 may have to be designed with a special structural foundation wall. If the elevation differential between the outside ground and inside floor can be limited to 7.0 feet, a standard residential wall section can be used. 3. The size of the swale behind Units 22 thru 28 should be looked at and verified by the Engineer to make sure that the water volumes coming off the hill will not reach depths greater than 6 inches, and will not pond up against the back of the units. 4. If Units 1 thru 7 are not proposed to be slab on grade, the Engineer should consider raising the lower floor elevation to meet the 8-inch clearance requirement between the ground surface and the bottom of any wood framing. 5. A profile of Storm Culvert C-12 was not provided. The discharge from this pipe section needs to be re-evaluated to ensure that it will drain. The invert at 819.75 looks like it will be too low to drain all the way to the existing 18-inch CMP under Fox Drive. Mr. Wayne Miller December 5, 1990 Page 2 ULU i ,j L `� ;lb!� ENGINEERS ARCHITECTS SCIENTISTS 6. It may be necessary to profile the ditch from the end of C-12 to the end of C-11 and to the existing culvert to ensure proper drainage. 7. We ran a verification on the stormwater management ponds using TR-55 and the Modified Rational methods. We are comfortable with the 2-year and 10-year storm events. However, based on our calculations, the 100-year storm overtops the dam embankment. An emergency spillway diverting overflow towards Foxridge Lane needs to be provided by leaving the elevation at the north end of the dam at 830, and raising the east and south embankment to elevation 832. The emergency spillway should be designed to carry 41 c.f.s with a head of less than 1 foot and at a velocity that will not erode the spillway and face of the dam at the spillway. If velocities exceed 5 feet per second, the spillway and the channel to the street should be lined with rip -rap or some other liner suitable for the possible velocities. C. EROSION AND SEDIMENTATION CONTROL 1. An E&S control plan and narrative was submitted and appears acceptable. The above items requiring a response or revision need to be included in the Final Design Plans. When we have reviewed these required revisions, we can recommend approval of the final plans. Sincerely, DONOHUE ~&.ASSOCIATES, INC. Paul A. Bernard, PE Project Manager PAB:mb cc: Scott Marsh - Gilbert Clifford & Associates Mr. Wayne Miller December 5, 1990 Page 3 0221 LW-Lo , ego 'U i�✓ 1 1W COMMONWE,-kLTH of VIRGjINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER (703) 984-4133 November 21, 1990 W. Clifford & Assoc., Inc. --irth Cameron Street per- 2104 --ster, Virginia 22601 S,-(-)t: x� WILLIAM H. BUSHtVAN RESIDENT FNGNEEr. Ref : Foxr;-JJ,-- Route -7 Frederick rP_lllilinaT'ti' r,,- --nT�ew of t'ne ,--;'ar, ('ated October. -1-i nA our con-ute.nt's --)r ;_i as f proposed, the entranc-,e roaches in front 4(ljoining propert-it-es. 1v discussed this is aa,�,, 1 a -rid use policy, thi:--rei-ore, , -�'. I 1 S construct i OW it ',-)r-,-A-se(3. HC F7 --c—, f- in advising they �-,-,ould hav(--, ri, to the entrance radii encroa..--. J-n front of their propert-,,, ?rant -i permit at this locati.-;, 'e proposed 18-88% grade idye Lane is well in excess of maximum design requirementsis to come into the StatiF s Secondary Road System. to a full review r�v -i— Design Section the wi.11 need to be addressf uld you hav e any questions pi ,a- ve ,,c- cal RBC/rf Enclosures Mr. F. E. MT-v--r Mr. R. W. Watkins TransiD. Resident Engineer Bv: Robert B. Childress Hwy. Permits & Subd. Spec. Senior TRANSPOR-fA-I ION FOR THE 21 ST CENTURY DEC 06 '90 12:05 D0110HUE „HIRFAX P.2/4 Dacembar 5, 1990 Mr. Wayne Miller, zoning Adminisrrnthr Frederick County Planning Department 9 Court Square, P.O. Box 601 Winchester, VA 2?A01 ttVu1MttNJ Re: Fox Ridge Subdivision AQi'9(1TQrT£ Preliuduary Plan 'u CIC NTISTS #17555.118 (.095) Dear Wayne: We have reviewed rho ahnva su'hdivibiUii Pldus for 28 townhouses on approximately 3.9 acres. I offer the following comments or remarks; A. ACCESS TSSITF.S ; 1. The Engineer has provided a traffic generation etuumary_ Then average daily traffic generation from this project should be between 164 to 290 VTD. Additional tripe could be added to Yoxridge Lana in r-be future with the development of the rear and Adjacent properties. a) A typical section was not provided; however, the dimensions indicated should be sa. tf sfArrnry for the prapnsecl Cleve lupmenL_ Pavement improvomonts and additional turd lanes may be needed in the future if the devaloyintoG of adjacent properties generates $YP_ArAr traffic volumes_ b) It appears that Foxridge lane will be r_onsLrUaLed within a Proposed access easement in lieu of a dedicared right-of-way. If rhis is tho case, access rights should 4a given. to the State, County and adjacent properties for a 50' width and the full length of this property. 2_ The additional parking pads in front of them units is a novAal idea and will provide for often needed extra parking. However, if the parking spaces in front of the units are not assigned and reserved fur ilea iudividual units in which they front, this arrAngempnr r_nuld cause confusion and conflicts_ Parking spaces should be assigned to specific units. ■ U240 Mbpks Mill koad Rtirfax, ftmia 23030 703.38S.3S66 T.I,*,, 7403 38S 8319 DEC 06 '90 12:05 DONOHUE FAiRFAX P.3/4 3_ Even though horizontal and vertical sight distance verification darA for the interseeLion of Poxridge Lane with Fox: Drivo was not providers by the Engineer, it appears adequato based on the provided hori.2nnta,l aligrutwEit and topographic information. D, GRADING, PFAINACE, AND STORKWKrER MMA6GEMENT 1. The proposed grading along the ditch secC10" from the outfall of Culvert 10 to the existing 18" CMP culvert needs work. It appears that the existing LNG INSkxs elavarlon o£ the 18" CMP and the tie-in elevation ARCHITECTS for Soxxidge Lane Create a dirticult design problem. If the road landing approach can be sal1;N1;*rs raised and if the proposed Culvert 10 can be raised, it will help to rebvlve this situation. The proposed ditch as it now etAndg would be 2/10th of 1 portent which is so flat that it is impractical. This ditch section nocds to be designed. 2. Units 26. 27, and 28 may have to be designed with a special structural foundation wall. If the elevation differential between the outside ground and inside floor can he limited to 7.0 feet, a standard residential wall section can be used. 3. The zize of the Swale behind units 22 thru ?8 should be looked at and verified by the Engineer to make sure that the water volumes coming off the hill will nor reach depths greater Chan b 1twItos, and will not pond up against the back of the ImirC. 4, Tf units 1 Litru 7 are mat proposed to be slab on grade, the Engineer should consider ra l v i rig Lhe lower floor elevation to meet the 8-inch clearance requiremeitl between the ground surface and the bottom of any wood framing. 5. A profile of Storm Culvert 0-12 was not provided. The diseharpP from Lhiss pipe section needs to be re-evaluated to unsure that it will drain. The invert at 819.75 looks like it will be too low to drain all Lite way to the existing 18-inch CMP under Fox Dr iva,. . Hr. Wayne Miller Duuvwl.�tr 5. 1990 Page 2 a DEC 06 '90 12:06 DON©HUE rAIPFAX P. 4/4 6. It may be necessary to profile the ditch frnm rhp end of C-12 to the end of C-11 and to the existing culvert to ensure proper drainage. %. We ran a verification on the stormwater management ponds using TR-55 and the Modified Rational meLhuds- We are comfortable with the 2-year and 10-year storm events. However, based on our calculations, the 100-year atorm overtops the dam erisUauku�ea«t. An emergency spillway di.vcrting ■ ■ ENClNEEPS nverflnw towards Foxridge Lane needs to be provided by leavin'�/1{' the elevation at the north end of the wacu recrs dam at 830, and raising the east and south ZIUMN I LS I S embankmerst to elevation 832, The emergency spillway should he de_%1&TiPr1 to carry 41 a-£-s with a head of less than 1 foot and at a velocity that will not erode the spillway and fact of the dam at Lhe apilirway. If velocities exceed 5 feet per second, the spillway and rhp channel. to the street should be lined with rip -rap or soma other linor suitable for the posaiblo velocities, C. EROSION AND SEDINLNTATION r:ONTROL 1. An E&S conzrul plan xua cia rative was submitted and appears acceptable. The above items requiring a response or rcviaion noed (_o be included In the Final Design Plans. When we have reviewed these required revisions, we. can TarnmmPnd approval of the final plans. sinnerPly, D0901IU!_F,)ASSOCIATES, INC. E Paul A. Betctiattl, PE Project Manager FAD:mb cc; Scott Marsh - Gilbert Clifford & Associates Mr. Wayne Miller Doccmbcr 5, 1990 Page 3 1 240 Waples Mill Road ENGINEERS Suite 100 ARCHITECTS Fairfax, Virginia 22030 SCIENTISTS 703.385.3566 Wayne Miller Frederick County Planning Department 9 Court Square, Box 601 Winchwster, VA 22601 Your Authorization: Signed Agreement Fox Rigde Subdivision Date: Dec. 4, 1990 Please Reference: Project No. 17555. 118 Invoice No. 9009782 Client No. 07534 Principal .5 hrs @ 48.00 24.00 Project Manager 3.0 hrs @ 33.25 99.75 Senior Engineer 8.0 hrs @ 33.25 266.00 Engineer 6.0 hrs @ 19.90 119.40 Sr/Tech/Eng 4.0 hrs @ 19.90 79.60 Total Direct Total Indirect TOTAL DUE THIS INVOICE 588.75 883.13 $1471.88 0